2025-2026 Regular Session SB 1036 PN 1205 Bill Text (HTM)

PRINTER'S NO. 1205

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

1036

Session of

2025

INTRODUCED BY KEEFER, HUTCHINSON, DUSH, KEARNEY, KIM, FONTANA

AND BROWN, OCTOBER 3, 2025

REFERRED TO LOCAL GOVERNMENT, OCTOBER 3, 2025

AN ACT

Amending Title 73 (Townships) of the Pennsylvania Consolidated

Statutes, consolidating the First Class Township Code; and

making a repeal.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Title 73 of the Pennsylvania Consolidated

Statutes is amended by adding parts to read:

PART I

PRELIMINARY PROVISIONS

Chapter

1. General Provisions

CHAPTER 1

GENERAL PROVISIONS

Sec.

101. Short title (Reserved).

102. Definitions.

103. Savings clauses where class of township changed.

104. (Reserved).

105. Classification of townships.

106. Creation of townships of the first class from townships of

the second class.

107. Reestablishment of townships of the second class.

108. Consolidation or merger.

109. Officers for new townships.

110. Certificate of creation of township.

111. Change of name of township.

§ 101. Short title (Reserved).

§ 102. Definitions.

Subject to additional definitions contained in subsequent

provisions of this title which are applicable to specific

provisions of this title, the following words and phrases when

used in this title shall have the meanings given to them in this

section unless the context clearly indicates otherwise:

(Reserved).

§ 103. Savings clauses where class of township changed.

If a township of the second class is designated a township of

the first class, or if a township of the first class is

reestablished as a township of the second class, all liabilities

incurred, rights accrued or vested, obligations issued or

contracted and all suits and prosecutions pending or to be

instituted to enforce any right or penalty accrued or to punish

any offense committed before the change of class, and all

ordinances, resolutions, rules and regulations shall continue

with the same force and effect as if no change had been made.

§ 104. (Reserved).

§ 105. Classification of townships.

(a) General rule.--Townships now in existence and those to

be created are divided into two classes:

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(1) townships of the first class; and

(2) townships of the second class.

(b) Township of the first class.--A township of the first

class shall be a township having a population of at least 300

inhabitants to the square mile and:

(1) is functioning as a township of the first class as

of June 24, 1931; or

(2) was created after June 24, 1931, as a township of

the first class in the manner provided in this part.

township of the first class or a home rule municipality shall be

classified as a township of the second class.

(d) Change between classes.--A change from one class to the

other shall be made only as provided by this part or the laws

relating to townships of the second class.

§ 106. Creation of townships of the first class from townships

of the second class.

(a) Establishment as a township of the first class.--A

township of the second class may be established as a township of

the first class as follows:

(1) A township of the second class may become a township

of the first class if the township of the second class has a

population density of 300 or more inhabitants to the square

mile. The population density shall be determined from the

most recent census data as made available by the United

States Census Bureau, whether it is from the decennial

census, special census or from the Population Estimates

Program.

(2) The board of supervisors of a township of the second

class on the board's own initiative may, or within 15 days

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after the receipt of a petition signed by at least 5% of the

electors of the township of the second class shall, pass a

resolution, which shall be recorded on the township's

minutes, submitting the question of whether the township of

the second class shall be established as a township of the

first class to the electors of the township of the second

class. The petition and resolution shall include the

population density of the township of the second class.

(3) At the next primary, general or municipal election

occurring at least 90 days after the passage of the

resolution under paragraph (2), the question shall be

submitted to the electors of the township. The county board

of elections shall place the question of establishing a

township of the first class on the ballot in accordance with

the act of June 3, 1937 (P.L.1333, No.320), known as the

Pennsylvania Election Code.

(4) The election officers shall compute the votes cast

at the election under paragraph (3) and certify the votes to

the county board of elections. The county board of elections

shall compute the votes cast and certify the result to the

county commissioners, the board of supervisors of the

township of the second class and the clerk of the court of

common pleas. If a majority of the votes cast at the election

are in favor of becoming a township of the first class, the

government of the township of the first class shall be

organized and become effective on the first Monday of January

after the election.

(b) Terms of officers ended.--When a township of the first

class is organized and becomes effective under subsection (a),

the terms of the officers of the township of the second class

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shall cease and the officers appointed by the court for the

township under section 109 (relating to officers for new

townships) shall take office.

votes cast at the election under subsection (a) are in favor of

remaining a township of the second class, no further proceedings

may be initiated for a period of two years from the date of the

election.

§ 107. Reestablishment of townships of the second class.

A township of the first class may, no sooner than five years

after becoming a township of the first class, be reestablished

as a township of the second class as provided in the act of May

1, 1933 (P.L.103, No.69), known as The Second Class Township

Code.

§ 108. Consolidation or merger.

A township may be merged or consolidated into a new or

existing municipal corporation in accordance with 53 Pa.C.S. Ch.

7 Subch. C (relating to consolidation and merger).

§ 109. Officers for new townships.

(a) Appointment of new officers.--If a new township of the

first class is created from a township of the second class as

provided in this chapter, the court of common pleas of the

appropriate county shall appoint the elective officers for the

new township and determine the polling place or places in the

new township. The appointed officers shall hold office until the

first Monday of January after the next municipal election as

provided in this part.

(b) Commissioners.--At the first municipal election

following the creation of a township under section 106 (relating

to creation of townships of the first class from townships of

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the second class), five township commissioners shall be elected

at large if the township has not been divided into wards. Three

of the commissioners shall be elected for terms of four years

each, and two for terms of two years each, from the first Monday

of January next following the election. The ballots at the

election shall designate the term for which each commissioner is

elected. Each commissioner's successor shall be elected for

terms of four years in accordance with this part. If the

township has been divided into wards, the township commissioners

shall be elected as provided in section 1504 (relating to

schedule for election of commissioners in townships first

divided into wards).

collector shall be elected for a two-year or four-year term so

that the term shall expire at the same time as the terms of tax

collectors of other townships of the first class under the

provisions of this part. For each subsequent tax collector, the

term of tax collector of the township shall be four years from

the first Monday of January next following the tax collector's

election.

§ 110. Certificate of creation of township.

If a township of the first class is created, the clerk of the

court shall certify to the Department of State, the Department

of Transportation, the Department of Community and Economic

Development and the county planning commission a copy of the

record constituting the charter of the township. The clerk of

the court may charge a fee of $3.50 to be paid as part of the

costs of the proceedings.

§ 111. Change of name of township.

(a) Referendum.--Upon petition to the court of common pleas

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of at least 10% of the electors of a township or upon the

passage of a resolution by the board of commissioners seeking a

change of the name of the township, the court of common pleas

shall order a referendum on the question.

(b) Filing with clerk of court.--If the court determines

that the petition or resolution for change of name of the

township is in proper form and properly executed, the original

petition or resolution shall be filed with the clerk of the

court. A copy of the petition or resolution and order of the

court shall be filed with the county board of elections which

shall frame the question to be submitted to the electors at the

next general or municipal election which occurs at least 60 days

after the court order.

compute the votes cast on a question submitted under subsection

(a) and certify the votes to the clerk of the court of common

pleas, who shall tabulate the votes and certify the result. If a

majority of the votes cast at the election are in favor of the

change of township name, the court shall so order and shall

order the record of the proceedings to be permanently recorded.

If a majority of the votes are against the change, there shall

be no further proceedings on the petition or resolution.

PART II

FIRST CLASS TOWNSHIP CODE

Chapter

11. Preliminary Provisions

13. (Reserved)

15. Wards

17. Election of Officers and Vacancies in Office

19. General Provisions Relating to Township Officers

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21. Township Commissioners

23. Appointed Township Treasurer

25. Tax Collector

27. Township Secretary

29. Auditors

31. Controller

33. Township Solicitor

35. Township Engineer

37. Township Manager

39. Veterans' Affairs

41. Police

43. Corporate Powers

45. Real Estate Registry

47. Public Health

49. Finance and Taxation

51. Contracts

53. Eminent Domain, Assessment of Damages and Benefits

55. Streets and Highways

57. Bridges

59. Sidewalks

61. Sanitary Sewers and Drains

63. Assessments for Public Improvements

65. Water Supply

67. Manufacture and Sale of Electricity

69. Public Buildings

71. Licenses and License Fees

73. Parks, Recreation Centers, Shade Trees and Forests

75. Uniform Construction Code, Property Maintenance Code and

Reserved Powers

77. Ordinances

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79. Actions By and Against Townships

81. Repeals

CHAPTER 11

PRELIMINARY PROVISIONS

Sec.

1101. Short title of part.

1102. Definitions.

1103. Excluded provisions.

1104. Construction of part generally.

1105. Constitutional construction.

1106. Construction of references.

1107. Legal advertising.

1108. Application.

§ 1101. Short title of part.

This part shall be known and may be cited as The First Class

Township Code.

§ 1102. Definitions.

The following words and phrases when used in this part shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Board of commissioners." The board of township

commissioners of a township of the first class.

"Highway." A road or highway of the State highway system.

"Individual." A natural person.

"Municipal authority." A body politic and corporate created

under 53 Pa.C.S. Ch. 56 (relating to municipal authorities).

"Municipal corporation." A city, borough, incorporated town,

township of the first or second class or a home rule

municipality other than a county.

"Municipality." A county, city, borough, incorporated town,

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township of the first or second class or a home rule

municipality.

"Pennsylvania Municipalities Planning Code." The act of July

31, 1968 (P.L.805, No.247), known as the Pennsylvania

Municipalities Planning Code.

"Person." Includes a natural person, corporation,

partnership, limited liability company, business trust, other

association, government entity other than the Commonwealth,

estate, trust or foundation.

"Street." Includes a street, road, lane, alley, court or

public square.

"Township." A township of the first class.

§ 1103. Excluded provisions.

This part does not include any provisions, and shall not be

construed to repeal any act, relating to:

(1) The assessment and valuation of property and persons

for the purposes of taxation and collection of taxes, except

as provided in this part.

(2) The collection of municipal claims by liens.

(3) The method of incurring or increasing bonded

indebtedness.

(4) Conduct of elections.

(5) Public schools and school districts.

(6) The powers and duties of constables .

(7) Magisterial district judges.

(8) State highways and private roads.

(9) Any of the provisions of 75 Pa.C.S. (relating to

vehicles).

(10) Validation of elections, bonds, ordinances and acts

of corporate officers.

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(11) Any of the provisions of 24 Pa.C.S. Ch. 93

(relating to public library code).

(12) Crimes and offenses provided for in 18 Pa.C.S.

(relating to crimes and offenses).

(13) Any law relating to the giving of municipal consent

to public utilities.

§ 1104. Construction of part generally.

(a) General rule.--The provisions of this part so far as

they are the same as those of laws in effect prior to June 24,

1931, are intended as a continuation of laws in effect prior to

June 24, 1931, and not as new enactments. The repeal by this

part of any act of the General Assembly, or part thereof, shall

not revive any act, or part thereof, repealed or superseded

prior to June 24, 1931, nor affect the existence of class of any

township created prior to June 24, 1931. The provisions of this

part shall not affect any act done, liability incurred, or right

accrued or vested, or affect any suit or prosecution, pending or

to be instituted, to enforce any right or penalty or punish any

offense under the authority of the repealed laws. All

ordinances, resolutions, regulations, and rules, made pursuant

to any act of the General Assembly repealed by this part, shall

continue with the same force and effect as if the act had not

been repealed.

(b) Powers and duties continued.--The board of commissioners

shall have the corporate powers and duties and township

officials shall have the powers and duties, not only as

specified in this part but also as provided in other laws, to

the extent that the powers and duties are not repealed by this

part.

§ 1105. Constitutional construction.

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The provisions of this part shall be severable, and if any of

the provisions shall be held to be unconstitutional, such

decision shall not affect the validity of any of the remaining

provisions of this part. It is declared as the legislative

intent that this part would have been adopted had such

unconstitutional provision not been included.

§ 1106. Construction of references.

A reference made in this part to any act by title or

otherwise shall also apply to and include any codification

wherein the provisions of the act referred to are substantially

reenacted.

§ 1107. Legal advertising.

(a) General rule.--A notice required to be published in one

or more newspapers under this part shall be made in a newspaper

of general circulation, as defined under 45 Pa.C.S. § 101

(relating to definitions), printed in the township or in a

newspaper circulating generally in the township if there is no

newspaper of general circulation.

(b) Special circumstances.--

(1) Unless dispensed with by special order of court, if

the notice under subsection (a) relates to one of the

following, the notice shall also, in counties of the second,

third, fourth and fifth classes, be published in the legal

newspaper of the county, if any, designated by the rules of

court:

(i) Proceeding or matter in a court.

(ii) Holding of an election for the increase of

indebtedness.

(iii) Issue and sale of bonds to be paid by

taxation.

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(2) The following shall be published only in newspapers

of general circulation:

(i) Ordinances.

(ii) Auditors' statements.

(iii) Summaries of auditors' statements.

(iv) Advertisements inviting proposals for public

contracts or for bids for materials and supplies.

(v) Lists of delinquent taxpayers.

§ 1108. Application.

This part shall apply to all townships of the first class.

CHAPTER 13

(Reserved)

CHAPTER 15

WARDS

Sec.

1501. Creation and alteration of wards.

1502. Petition of electors.

1503. County board of elections.

1504. Schedule for election of commissioners in townships first

divided into wards.

1505. Schedule of election of commissioners in newly created

wards.

1506. Pennsylvania Election Code.

§ 1501. Creation and alteration of wards.

(a) Power of boards of commissioners.--In addition to

reapportionment initiated in accordance with 53 Pa.C.S. Ch. 9

(relating to municipal reapportionment) and section 11 of

Article IX of the Constitution of Pennsylvania, a board of

commissioners may, by ordinance, do any of the following:

(1) Divide townships into wards.

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(2) Create new wards out of two or more adjoining wards

or parts of wards.

(3) Consolidate two or more wards into one ward.

(4) Divide any ward already erected into two or more

wards.

(5) Alter the lines of two or more adjoining wards.

(6) Cause the lines or boundaries of wards to be

ascertained or established.

(7) Abolish all wards.

(b) Limitations.--

(1) No township may be divided or redivided into more

than 15 wards.

(2) No ward shall be created containing less than 300

registered electors.

abolished under this section and the number of wards in the

township is reduced to less than five, then the commissioner or

commissioners in the abolished ward or wards shall continue in

office for the term for which elected and shall become a

commissioner or commissioners at large from the township.

(d) Compact and contiguous territory.--All wards in the

township shall be numbered and composed of compact and

contiguous territory as nearly equal in population as

practicable as officially and finally reported in the most

recent Federal decennial census.

§ 1502. Petition of electors.

(a) General rule.--At least 5% of registered electors of the

township or, for a proposal affecting only a portion of the

township, at least 5% of the registered electors of the ward

which would be affected by the proposal, may petition the board

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of commissioners to initiate proceedings under section 1501

(relating to creation and alteration of wards) and may present

to the board of commissioners a plot showing the boundaries of

the proposed wards of the township. The board of commissioners

shall, by motion approved by a majority of the commissioners

within 90 days of presentment of the petition, determine whether

to initiate proceedings under section 1501.

(b) Failure to approve motion.--If the board of

commissioners has not approved a motion within 90 days after the

presentment of a petition under subsection (a), 10 registered

electors may petition the court of common pleas to contest the

existing apportionment as violating section 1501(b) or (d). The

proceedings before the court shall be conducted in accordance

with 53 Pa.C.S. §§ 906 (relating to contest of reapportionment

by governing body) and 907 (relating to costs and expenses of

contest).

§ 1503. County board of elections.

A copy of the ordinance enacted under section 1501 (relating

to creation and alteration of wards), along with a plot showing

the boundaries of the wards established, shall be forwarded to

the county board of elections.

§ 1504. Schedule for election of commissioners in townships

first divided into wards.

(a) General rule.--When a township is first divided into

wards, the township commissioners then in office shall continue

in office until the expiration of the commissioners' respective

terms.

(b) Election of commissioners.--At the first municipal

election occurring at least 90 days after the division into

wards, the registered electors of each ward of the township

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shall elect one township commissioner who shall reside in the

ward for which the commissioner is elected.

the township commissioners elected in even-numbered wards shall

be elected for terms of two years each. Commissioners elected in

odd-numbered wards shall be elected for terms of four years

each. The terms of office for even-numbered and odd-numbered

wards may be vice versa so that the expiration of the terms will

harmonize with the expiration of terms of township commissioners

elected for the even-numbered or odd-numbered wards under the

provisions of this part. For subsequent elections, commissioners

shall be elected for terms of four years each at the municipal

election immediately preceding the expiration of the terms of

ward commissioners.

(d) Township divided into less than five wards.--For a

township divided into less than five wards that will have less

than five township commissioners upon the expiration of terms,

at the municipal election preceding the expiration of the terms

of any commissioner or commissioners elected at large, there

shall be elected at large a sufficient number of township

commissioners so that the total number of commissioners elected

by wards and at large in the township shall be five. The

following shall apply:

(1) If one township commissioner is elected at large,

the commissioner shall be elected for a term of four years.

(2) If two township commissioners are elected at large,

one shall be elected for a term of two years and one for a

term of four years.

(3) If three township commissioners are elected at

large, two shall be elected for terms of four years each and

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one for a term of two years.

(4) Successors to the township commissioners elected at

large shall be elected for terms of four years each.

(e) Commencement of terms.--All terms of office of township

commissioners, elected at large or by wards, shall commence on

the first Monday of January next following their election.

§ 1505. Schedule of election of commissioners in newly created

wards.

(a) Wards fewer than five.--

(1) If a new ward is created in a township previously

divided into wards and the number of wards in the township,

including the new ward, is less than five, the registered

electors of the new ward shall elect one township

commissioner at the next municipal election following the

expiration of the term of the commissioner or commissioners

elected at large whose terms shall first expire after the

creation of the new ward.

(2) The individual elected commissioner under paragraph

(1) must be a resident of the ward for which the commissioner

is elected.

(3) The commissioner elected under paragraph (1) shall

serve for a term of two or four years, so that the expiration

of the commissioner's term will harmonize with the expiration

of terms of commissioners for the even or odd numbered wards

under the provisions of this part.

(4) A commissioner elected to succeed a township

commissioner elected under paragraph (1) shall serve a term

of four years.

(5) The number of commissioners elected at large in the

township shall be the difference between the number of wards

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and five, and a sufficient number of commissioners shall be

elected at large at each municipal election preceding the

expiration of terms of commissioners at large so that the

total number of commissioners in the township will at all

times be five.

(b) Wards numbering five.--

(1) If a new ward is created in a township previously

divided into wards and the number of wards in the township,

including the new ward, is five, the residents of the ward

shall elect a township commissioner at the municipal election

preceding the expiration of the term of office of any

commissioner or commissioners elected at large.

(2) The individual elected commissioner under paragraph

(1) must be a resident of the ward for which the commissioner

is elected.

(3) The commissioner elected under paragraph (1) shall

serve a two-year or four-year term so that the expiration of

the commissioner's term will harmonize with the expiration of

terms of commissioners for the even-numbered or odd-numbered

wards under the provisions of this chapter.

(4) A commissioner elected to succeed a commissioner

elected under paragraph (1) shall serve a four-year term. No

township commissioner shall thereafter be elected at large in

the township.

(1) If a new ward is created in a township previously

divided into wards and the number of wards in the township,

including the new ward, is more than five, the court of

common pleas of the county in which the township is located

shall appoint a township commissioner for the new ward.

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(2) The commissioner appointed under paragraph (1) shall

hold office until the first Monday in January succeeding the

first municipal election at which township commissioners are

elected in the even-numbered or odd-numbered wards under the

provisions of this part.

(3) The qualified electors of the new ward shall elect a

township commissioner for a term of four years at the

municipal election described under paragraph (2), and every

four years thereafter.

(4) The individual elected commissioner under paragraph

(3) must be a resident of the ward for which the commissioner

is elected.

(d) First day of office.--A township commissioner elected

under this section shall take office on the first Monday of

January next succeeding the commissioner's election.

§ 1506. Pennsylvania Election Code.

Nothing in this chapter shall be construed as affecting the

powers and duties of the court of common pleas, the county board

of elections or restrictions on alteration of election districts

as provided in Article V of the act of June 3, 1937 (P.L.1333,

No.320), known as the Pennsylvania Election Code.

CHAPTER 17

ELECTION OF OFFICERS AND VACANCIES IN OFFICE

Subchapter

A. General Provisions

B. Vacancies in Office

SUBCHAPTER A

GENERAL PROVISIONS

Sec.

1701. Eligibility.

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1702. Term of office.

1703. Elected officers.

§ 1701. Eligibility.

(a) General rules.--

(1) Only a registered elector of a township may be

eligible to an elective office in the township.

(2) Before being sworn into office, each elected

township officer, or, except as provided under section 1711

(relating to vacancies), each appointed township officer in

case of a vacancy in an elective office, shall present a

signed affidavit to the township secretary stating that the

officer resides in the township, or within the ward in the

case of a ward office, from which elected or appointed and

has resided in the township or ward continuously for at least

one year immediately prior to the officer's election or

appointment.

(3) In the case of a newly created ward in existence for

less than one year at the time of a township officer's

election or appointment, the affidavit under paragraph (2)

shall state that the officer has resided within the township

continuously for at least one year immediately prior to the

officer's election or appointment and within the ward from

the date of the ward's creation continuously until the

officer's election or appointment.

(b) Vacancy for failure to satisfy requirements of office.--

If an individual elected to office, or appointed to an elective

office, fails to give the required bond, take the required oath

or provide a signed affidavit, a vacancy is created in the

office for which the individual was elected or appointed, and

the vacancy shall be filled as provided in section 1711.

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more than one elective township office at the same time.

§ 1702. Term of office.

Except if a vacancy in office occurs under section 1711

(relating to vacancies), officers shall hold office for the term

for which the individual was elected. Officers shall not serve

longer than the first Monday of January succeeding the municipal

election at which a successor was elected.

§ 1703. Elected officers.

(a) General rule--The electors of each township shall elect:

(1) At least five township commissioners, and the

following shall apply:

(i) In townships divided into wards but having fewer

than five wards, the number of commissioners shall be

five. One commissioner shall be elected from each ward,

and the remaining number of commissioners, to which the

township is entitled, shall be elected at large. In

townships having five or more wards, one commissioner

shall be elected from each ward. Township commissioners

shall be elected at municipal elections, preceding the

expiration of the terms of commissioners then in office,

for terms of four years each. Commissioners from odd-

numbered wards shall be elected at alternate municipal

elections than the municipal elections at which

commissioners from even-numbered wards are elected.

Elections at large shall be held at the municipal

election preceding the expiration of the term of any

commissioner elected at large.

(ii) In townships not divided into wards, there

shall be five township commissioners who shall be elected

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at large by the electors of the township. At each

municipal election, two or three township commissioners,

as the case may be, shall be elected for terms of four

years each to take the place of the commissioners whose

terms then expire.

(2) One township tax collector, and the following shall

apply:

(i) The township tax collector shall be elected at

municipal elections every four years. An individual must

be a qualified tax collector or, in the case of an

individual appointed to fill a vacancy in the office of

tax collector, become a qualified tax collector, in

accordance with the act of May 25, 1945 (P.L.1050,

No.394), known as the Local Tax Collection Law.

(ii) If no individual is elected to the position of

tax collector in the municipal election, or if the

position of tax collector becomes vacant, the board of

commissioners may, by resolution, appoint an individual

or person to collect taxes. If a person other than an

individual is appointed, the person shall post bonds to

the same extent as would an individual appointed to fill

the vacancy and as further provided by terms and

conditions as specified by the board of commissioners.

Notwithstanding the Local Tax Collection Law, if a person

other than an individual is appointed as a tax collector,

no individual employed by the appointed tax collector or

any of the appointed tax collector's officers shall be

required to be or become a qualified tax collector or to

file criminal history record information.

(3) Three elected auditors, and the following shall

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apply:

(i) At each municipal election, one auditor shall be

elected for a term of six years. No auditor shall at the

same time hold any other elective or appointive office.

(ii) The board of commissioners may provide by

ordinance for the appointment of an independent auditor,

in lieu of providing for the election of three auditors,

as provided in subparagraph (i) or one controller as

provided in paragraph (4). After enactment of the

ordinance, an independent auditor shall be appointed

annually by resolution at least 30 days prior to the

close of the fiscal year. The office of elected auditor

is abolished upon the appointment of an independent

auditor.

(iii) The board of commissioners shall have the

right at any time to repeal the ordinance providing for

the appointed independent auditor, whereupon three

auditors shall be elected at the next municipal election

following the repeal of the ordinance, to whom the

following shall apply:

(A) One elected auditor shall serve a term of

two years.

(B) One elected auditor shall serve a term of

four years.

six years.

(D) The three elected auditors shall have all

the powers and perform all the duties as provided in

this part for elected auditors.

(4) One elected controller in lieu of three elected

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auditors, and the following shall apply:

(i) The provisions of this part relating to the

controller shall not become operative or effective until

the board of commissioners shall, by ordinance, accept

the provisions of this part relating to the office of

controller.

(ii) When a township has provided by ordinance for

the office of an elected controller, the board of

commissioners shall petition the court of common pleas to

appoint a controller to hold office until the first

Monday of January next succeeding the next municipal

election when a controller shall be elected. When a

controller is appointed or elected as provided in this

paragraph, the office of elected auditor is abolished.

(iii) One controller, who shall be a competent

accountant, shall be elected at municipal elections every

four years.

(iv) The office of controller shall be continued

until the ordinance is repealed, at which time the office

of controller shall terminate. The township shall either

appoint an independent auditor or, at the next municipal

election following the repeal of the ordinance, provide

for the election of three auditors, to whom the following

shall apply:

(A) One elected auditor shall serve a term of

two years.

(B) One elected auditor shall serve a term of

four years.

six years.

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(D) The three elected auditors shall have all

the powers and perform all the duties as provided in

this part for elected auditors.

(b) Terms of office.--The terms of each officer elected

under this section shall begin the first Monday of January next

succeeding the individual's election.

SUBCHAPTER B

VACANCIES IN OFFICE

Sec.

1711. Vacancies.

§ 1711. Vacancies.

(a) Filling.--

(1) If a vacancy occurs in the office of township

commissioner, auditor, controller or tax collector for any of

the following, the board of commissioners shall fill the

vacancy within 30 days by appointing by resolution a

registered elector of the township, or of the ward for a ward

office, in which the vacancy occurs:

(i) Death.

(ii) Resignation.

(iii) Removal as provided under section 1904

(relating to removal of township officers and

appointees).

(iv) Termination of residency from the township, or

of the ward for a ward office.

(v) Failure to take the required oath, give required

bond or provide the affidavit required under section 1701

(relating to eligibility).

(vi) Or otherwise.

(2) If a person other than an individual is appointed to

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fill a vacancy in the office of tax collector under section

1703(a)(2)(ii) (relating to elected officers), the person

shall not be required to file the affidavit required under

section 1701. An individual appointed as a tax collector

under section 4.2 or 4.4 of the act of May 25, 1945

(P.L.1050, No.394), known as the Local Tax Collection Law,

shall not be required to file an affidavit required under

section 1701.

(a.1) Resignations.--Except as provided under subsection

(b.2), the following shall apply:

(1) A vacancy shall not be created by a resignation

until the date that the resignation is accepted by a majority

vote of a quorum of the board of commissioners at a public

meeting or the effective date of the tendered resignation,

whichever is later. The board of commissioners must accept a

resignation no later than 45 days after the resignation has

been tendered in writing to the board of commissioners,

unless the resignation is withdrawn in writing prior to

acceptance.

(2) A resignation that is not accepted as provided under

paragraph (1) shall be deemed accepted after 45 days.

(a.2) Deaths.--A vacancy shall not be created by death until

the next meeting of the board of commissioners.

(b) Vacancy board.--

(1) A vacancy board shall be convened to fill a vacancy

within 15 days if the board of commissioners of a township,

for any reason, fails to fill a vacancy after 30 days. The

board of commissioners may vote to convene the vacancy board

within 30 days of a vacancy if the board of commissioners is

unable, for any reason, to fill the vacancy and shall provide

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a justification at a public meeting.

(2) The vacancy board shall consist of the board of

commissioners and one registered elector of the township, who

shall be appointed by the board of commissioners at the

board's first meeting each calendar year or as soon

thereafter as practical.

(3) The registered elector shall act as chairperson of

the vacancy board and shall serve as the chairperson until

the chairperson's successor is appointed. The chairperson of

the vacancy board may not vote for themselves to fill a

vacancy in any office.

(b.1) Court of common pleas.--The vacancy board chairperson

shall, or in the case of a vacancy in the chairpersonship the

remaining members of the vacancy board shall, petition the court

of common pleas to fill the vacancy by appointing a registered

elector of the township or ward in which the vacancy occurs if

one of the following occur:

(1) the vacancy board fails to fill the position within

15 days; or

(2) the position of vacancy board chairperson is vacant

and the remaining members of the vacancy board provide

justification for the reason the vacancy board is not able to

fill the position sooner than 15 days and vote publicly to

disband.

(b.2) Vacancy in majority of offices.--Notwithstanding any

other subsections in this section, if there are vacancies in a

majority of the offices of commissioners, the court of common

pleas shall fill the vacancies upon presentation of a petition

signed by the remaining commissioners or at least 15 registered

electors of the township. A resignation that precludes a

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majority of commissioners from accepting the resignation shall

create a vacancy on the date specified in the tendered

resignation or, if no date is specified, the second business day

after the day the resignation is tendered, unless sooner

withdrawn in writing.

(b.3) Term.--A registered elector appointed to fill a

vacancy shall hold the office until the first Monday in January

after the first municipal election occurring more than 60 days

after the vacancy occurs. At the first municipal election

occurring more than 60 days after the vacancy occurs, an

eligible person shall be elected to the office for the remainder

of the term. The appointed registered elector must have been a

resident of the township or ward continuously for at least one

year immediately prior to the appointment.

CHAPTER 19

GENERAL PROVISIONS RELATING TO TOWNSHIP OFFICERS

Subchapter

A. General Provisions

B. State Association of Township Officers

C. County Associations of Township Officers

D. Civil Service for Police and Firefighters

SUBCHAPTER A

GENERAL PROVISIONS

Sec.

1901. Oath.

1902. Bonds.

1903. Compensation.

1904. Removal of township officers and appointees.

1905. Annuities.

§ 1901. Oath.

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Each person elected or appointed to a township office in a

township shall, before entering upon the duties of office, take

and subscribe an oath or affirmation of office under 53 Pa.C.S.

§ 1141 (relating to form of oaths of office), before a judge or

magisterial district judge of the county or a notary public. A

copy of the oath or affirmation shall be filed with the township

secretary within 10 days of the taking of the oath.

§ 1902. Bonds.

(a) Requirements.--Except as provided for in subsection (b),

if an officer or employee of a township is required by law or

action of the board of commissioners to give bond for the

faithful performance of the officer's or employee's duties, the

bond must be with a surety company or other company authorized

by law to act as surety. The township shall pay the premium on

the bond, except that the premium on the bond of the township

tax collector shall be paid by the respective taxing districts,

as provided under the act of May 25, 1945 (P.L.1050, No.394),

known as the Local Tax Collection Law.

(b) Insurance.--If an officer or employee of a township,

except for a tax collector, is required to give a bond for the

faithful performance of the officer's or employee's duties, the

board of commissioners may purchase insurance in lieu of a bond

if the insurance covers the same events of loss and insures the

township against the same misconduct as the bond.

§ 1903. Compensation.

(a) Elected officer.--An elected officer of a township,

except for a tax collector, shall receive a salary, compensation

or emoluments of office as fixed by ordinance of the township in

accordance with this part.

(a.1) Treasurer.--Notwithstanding section 34 of the act of

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May 25, 1945 (P.L.1050, No.394), known as the Local Tax

Collection Law, a township treasurer who is the elected tax

collector of the township may receive a salary, compensation or

emoluments of office under subsection (a) for the township

treasurer's work as the township treasurer.

(b) Tax collector.--A tax collector shall receive a salary,

compensation or emoluments of office as fixed by ordinance of

the township in accordance with the Local Tax Collection Law.

office of an elected officer shall take effect at the beginning

of the next term of the elected officer.

(d) Appointed officer and employee.--An appointed officer

and employee of the township shall receive compensation for

their services as determined by the board of commissioners.

§ 1904. Removal of township officers and appointees.

(a) Removal of officer.--A township officer, elected or

appointed to fill a vacancy in elective office, shall be

removable from office only by:

(1) impeachment;

(2) the Governor for reasonable cause after due notice

and full hearing on the advice of two-thirds of the Senate;

(3) on conviction of misbehavior in office or of an

infamous crime in accordance with the Constitution of

Pennsylvania.

(b) Quo warranto.--Notwithstanding subsection (a), an

officer's title to office may be tried by proceedings of quo

warranto as provided by law.

§ 1905. Annuities.

(a) Post-retirement compensation.--A township may provide,

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by ordinance, an employee of at least 10 years of satisfactory

service and who is at least 60 years of age upon termination of

active employment with the township, a proportion of the

compensation last paid to the employee, not in excess of 50% of

the compensation.

(b) Pension plan.--An arrangement to provide postretirement

compensation to a retired appointee and employee under this

section shall be a pension plan within the meaning of the term

under the act of December 18, 1984 (P.L.1005, No.205), known as

the Municipal Pension Plan Funding Standard and Recovery Act,

and the township establishing the plan shall provide funding of

the pension plan in an amount sufficient to meet the minimum

obligation of the municipality with respect to the pension plan

under the Municipal Pension Plan Funding Standard and Recovery

Act.

in this section shall be construed to preclude an employee of

the township from joining a pension system or municipal

retirement system that the township may establish or adopt.

(d) Prohibition.--Beginning on December 28, 2020, a township

may not provide for an annuity in lieu of employees joining a

pension or retirement system. Nothing in this subsection shall

be construed to affect the rights of a current or retired

employee or appointee of a township entitled to payments granted

in accordance with an annuity entered into prior to December 28,

2020.

SUBCHAPTER B

STATE ASSOCIATION OF TOWNSHIP OFFICERS

Sec.

1911. State association of township commissioners.

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1912. State association annual meetings and educational

conferences.

1913. State association expenses.

§ 1911. State association of township commissioners.

(a) Authorization.--A State association of township

commissioners may be formed.

(b) Meetings.--The association shall hold annual meetings

and educational conferences at a designated time and place

within this Commonwealth for the purpose of addressing the

interests of the townships. The expenses of the annual meetings

and educational conferences may be paid, in full or in part, by

the townships joining the association.

educational conference, by majority vote of each of the voting

delegates attending, may adopt and amend bylaws to govern the

association. The bylaws shall govern the qualifications of

delegates, election of officers, the delegates and officers

designation, qualifications and duties, payment of dues and

organizational details. The association shall function under the

bylaws for advancing the interest of and betterment of township

government in townships of the first class.

(d) Dues.--The dues adopted in the bylaws shall be paid by

each township upon becoming a member of the association and

shall be used for association purposes and activities authorized

or ratified by the association or incurred on behalf of the

association by its officers and executive committee.

§ 1912. State association annual meetings and educational

conference.

(a) Annual meeting and educational conference.--A township

commissioner may attend each annual meeting and educational

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conference of the State association of township commissioners.

The board of commissioners shall, by motion, designate at least

one township officer as a delegate to each annual meeting and

educational conference. The delegate shall be a township

commissioner or other township officer. The board of

commissioners may, by motion, designate no more than two

township officers, other than the township commissioners or the

delegate, to attend each annual meeting and educational

conference as nondelegates and authorize township employees to

attend each annual meeting and educational conference.

(b) Conferences or educational training.--In addition to

each annual meeting and educational conference under subsection

(a), the board of commissioners may authorize township officers

and employees of the township to attend other conferences or

educational training of the association.

§ 1913. State association expenses.

(a) Payment.--The board of commissioners shall, for each

delegate and other officer or employee attending the annual

meeting or other conference or educational training of the State

association of township commissioners, pay expenses upon receipt

of an itemized account of expenses. Expenses shall be limited

to:

(1) The registration fee.

(2) Mileage for use of personal vehicle or reimbursement

of actual transportation expense going to and returning from

the meeting, conference or educational training.

(3) Actual expenses that the board of commissioners may

have agreed to pay.

(b) Regular employee rate.--The board of commissioners may

authorize township employees to be compensated at their regular

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employee rate during the employee's attendance at the annual

meeting or other conference or educational training. The board

of commissioners may authorize a commissioner to receive total

or partial reimbursement for lost wages or salary while

attending the annual meeting or other conference or educational

training if sufficient documentation is presented to the board

of commissioners to justify the reimbursement. The maximum time

for which a delegate, township employee or commissioner shall be

reimbursed for lost wages or salary while attending the annual

meeting or other conference or educational training may not be

more than four days, including the time spent traveling to and

from the event.

SUBCHAPTER C

COUNTY ASSOCIATIONS OF TOWNSHIP OFFICERS

Sec.

1921. County associations.

1922. Membership of associations and expenses of members.

1923. Officers of associations and ex officio membership.

§ 1921. County associations.

A county association of township officers may be formed in

the respective counties, or the township officers of at least

two counties may form a joint county or regional association.

The association shall hold annual, semiannual or quarterly

conferences or educational training at the county seats of the

respective counties or some other suitable place within this

Commonwealth for the purpose of advancing the interests of the

townships in the association and the inhabitants of the

townships.

§ 1922. Membership of associations and expenses of members.

(a) Attendance.--The board of commissioners, newly elected

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township commissioners prior to officially taking office and

other township officers designated by the board shall attend the

conferences or educational training if possible. A township

officer attending a conference or educational training shall

receive a certificate, signed by the presiding officer and

secretary or acting secretary of the association, attesting to

the township officer's presence at the conference or educational

training.

(b) Expenses.--The certificate under subsection (a) shall

authorize a township officer to collect from the township

treasurer expenses for the registration fee, mileage for use of

personal vehicle or reimbursement of actual transportation

expenses going to and returning from a conference or educational

training and actual expenses that the board of commissioners may

have agreed to pay. Each officer attending a conference or

educational training shall submit to the board of commissioners

an itemized account of expenses incurred.

authorize township employees to be compensated at their regular

employee rate during their attendance at a conference or

educational training. The board of commissioners may authorize a

commissioner to receive total or partial reimbursement for lost

wages or salary while attending the county conference or

educational training if sufficient documentation of the wages or

salary is presented to the board of commissioners to justify the

reimbursement.

§ 1923. Officers of association and ex officio membership.

(a) Composition.--The officers of an association shall

consist of a president and other officers as determined by the

association's bylaws. Each of the officers, except for a

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secretary, shall be members of the association and shall hold

office as determined by the association's bylaws or until the

officer's successors are chosen.

(b) Membership.--Each township shall have one vote in a

conference. A county association of townships may admit to

membership of the association representatives of political

subdivisions other than townships of the first class within the

county, the judges of the court of common pleas in the county

and engineers or other personnel from the Department of

Transportation. Representatives of political subdivisions other

than townships of the first class within the county, the judges

of the court of common pleas in the county and engineers or

other personnel from the Department of Transportation shall not

be entitled to vote at the conference or hold office in the

association.

SUBCHAPTER D

CIVIL SERVICE FOR POLICE AND FIREFIGHTERS

Sec.

1931. Definitions.

1931.1. Appointments of police and firefighters.

1932. Civil service commission.

1933. Offices incompatible with civil service commissioner.

1934. Organization of commission and quorum.

1935. Clerks and supplies and solicitor.

1936. Rules and regulations.

1937. Minutes and records.

1938. Investigations.

1939. Subpoenas.

1940. Annual report.

1941. General provisions relating to examinations.

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1942. Application for examination.

1943. Rejection of applicant and hearing.

1944. Eligibility list and manner of filling appointments.

1945. Age and applicant's residence.

1946. Probationary period.

1947. Provisional appointments.

1948. Promotions.

1949. Physical and psychological medical examinations.

1950. Removals.

1951. Hearings on dismissals and demotions.

1952. Present employees exempted.

1953. Discrimination prohibited.

1954. Penalty.

§ 1931. Definitions.

The following words and phrases when used in this subchapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Firefighter." An individual who operates fire apparatus and

devotes the individual's normal working hours to operate a piece

of fire apparatus or other services connected with fire

protection work and who is paid a stated salary or compensation

for the work done by the township.

"Police force." A police force organized and operating as

prescribed by law, the members of which devote normal working

hours to police duty or duty in connection with the bureau,

agencies and services connected with police protection work and

who are paid a stated salary or compensation for the work by the

township.

§ 1931.1. Appointments of police and firefighters.

(a) Applicability.--This subchapter shall not apply to:

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(1) A township having a police force of less than three

members.

(2) A volunteer fire department or company employing

their own firefighters.

(3) A township having less than three salaried

firefighters.

(b) Compensation.--This subchapter is subject to the power

of the board of commissioners to determine compensation.

township's police force or fire department paid directly by the

township shall be made only according to qualifications and

fitness to be ascertained by an examination. An examination for

qualifications and fitness shall be competitive as provided

under this subchapter.

(d) Suspension, removal or demotion.--Except as provided

under this subchapter, an individual may not be suspended,

removed or demoted as a paid employee in a police force or as a

paid firefighter of a township.

(e) Retirement.--Nothing in this subchapter shall apply to

retirement, be construed to prevent a township from adopting a

compulsory retirement age for the township's employees or any

class of employees or to prevent the township from retiring the

township employees automatically when the employees attain the

compulsory retirement age.

§ 1932. Civil service commission.

(a) Establishment.--Subject to section 1931.1(a) (relating

to appointments of police and firefighters), a civil service

commission is established in each township where a police force

or paid firefighters force is maintained.

(b) Composition and terms.--The civil service commission

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shall consist of three civil service commissioners who shall be

qualified electors of the township and shall be appointed by the

board of commissioners initially to serve for the terms of two,

four and six years. On the expiration of the term of a civil

service commissioner, the successor shall be appointed for a

term of six years.

commission shall be filled by the board of commissioners for the

remainder of the unexpired term no later than 30 days after the

vacancy occurs.

(d) Oath.--Before entering upon the discharge of the duties

of office, a civil service commissioner shall take an oath or

affirmation of office in accordance with 53 Pa.C.S. § 1141

(relating to form of oaths of office).

(e) Alternate members.--The board of commissioners may

appoint no more than three qualified electors of the township to

serve as alternate members of the civil service commission. The

term of office of the alternate members shall be six years. If

seated under section 1934 (relating to organization of

commission and quorum), an alternate shall be entitled to

participate in each proceeding and discussion of the civil

service commission to the same and full extent as provided by

law for civil service commission members, including the right to

cast a vote as a voting member during the proceedings, and shall

have the powers and duties under this title and as provided by

law. An alternate may not hold another office in the township.

An alternate may participate in a proceeding or discussion of

the civil service commission but shall not be entitled to vote

as a member of the civil service commission unless designated as

a voting alternate member under section 1934.

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(f) Compensation.--A civil service commissioner may not

receive compensation.

§ 1933. Offices incompatible with civil service commissioner.

A civil service commissioner may not hold an elective or

appointed office under the Federal Government, the Commonwealth

or a political subdivision of the Commonwealth, except that one

member of the civil service commission may be a member of the

board of commissioners.

§ 1934. Organization of commission and quorum.

(a) Initial organization.--

(1) The initial civil service commission appointed shall

organize within 10 days of its appointment and shall elect

one of its members as the chairperson and one as the

secretary.

(2) After organization under paragraph (1), the civil

service commission shall meet and organize within 30 days of

the first Monday of each even-numbered year. Each civil

service commissioner shall be notified in writing of each

meeting.

(b) Quorum.--Three members of the civil service commission

shall constitute a quorum. If, by reason of absence or

disqualification of a member, a quorum is not reached, the

chairperson shall designate as many alternate members of the

civil service commission to sit on the civil service commission

as needed to provide a quorum.

service commission shall continue to serve on the civil service

commission in each proceeding involving the matter or case for

which the alternate was initially designated until the civil

service commission has made a final determination of the matter

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or case. Designation of an alternate member under this section

shall be made on a case-by-case basis in rotation according to

declining seniority among each alternate.

(d) Action.--An action by the civil service commission shall

only be valid if the civil service commission has the

concurrence of a majority of the quorum.

§ 1935. Clerks and supplies and solicitor.

The township shall provide to the civil service commission,

on its requisition, clerical assistance necessary for the work

of the civil service commission. The township shall provide a

suitable and convenient room for the use of the civil service

commission. The civil service commission shall order from the

township the necessary stationery, postage, printing or

supplies. The civil service commission may appoint a solicitor.

The township shall pay for the solicitor's services to the civil

service commission. The township may place a reasonable limit on

the amount of compensation authorized each year for the services

of the solicitor. The elected and appointed officials of the

township shall aid the civil service commission in carrying out

this subchapter.

§ 1936. Rules and regulations.

(a) Authority.--

(1) The civil service commission may prescribe, amend

and enforce rules and regulations for effectuating this

subchapter and shall be governed by the civil service

commission's rules and regulations.

(2) The board of commissioners may not promulgate rules

and regulations or amendments to rules and regulations for

effectuating this subchapter. The board of commissioners may

make suggestions regarding proposed rules and regulations or

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amendments to the rules and regulations to members of the

civil service commission for their consideration.

(3) Notwithstanding whether the board of commissioners

makes suggestions regarding proposed rules and regulations or

amendments to the rules and regulations, rules and

regulations or amendments shall be approved by the board of

commissioners before the effective date of the rules and

regulations or amendments. If the rules and regulations or

amendments have been approved by the board of commissioners,

the rules and regulations or amendments may not be abrogated,

amended or added to without the approval of the board of

commissioners.

(b) Minimum qualifications.--The rules and regulations of

the civil service commission shall reflect any minimum

qualifications for police officers and paid firefighters

pertaining to age, educational background, years of experience

and areas of desired special expertise or certifications adopted

by resolution of the board of commissioners.

amendment to the rules and regulations shall be made available

for public distribution or open to public inspection under the

act of February 14, 2008 (P.L.6, No.3), known as the Right-to-

Know Law.

§ 1937. Minutes and records.

The civil service commission shall keep minutes of its

proceedings and records of examinations and other official

actions. Each recommendation of applicants for appointment

received by the civil service commission shall be kept and

preserved for a period of five years. Records and written causes

of removal filed with the civil service commission, except as

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provided in section 1951 (relating to hearings on dismissals and

demotions), shall be subject to reasonable regulation and open

to public inspection under the act of February 14, 2008 (P.L.6,

No.3), known as the Right-to-Know Law.

§ 1938. Investigations.

The civil service commission may conduct investigations

concerning matters regarding the administration and enforcement

of this subchapter and rules and regulations promulgated under

this subchapter. The chairperson of the civil service commission

may administer oaths and affirmations in relation to the

investigations.

§ 1939. Subpoenas.

(a) Issuance.--The civil service commission may issue

subpoenas over the signature of the chairperson to require the

attendance of witnesses and the production of records and papers

pertaining to any investigation or inquiry. The fees of

witnesses for attendance and travel shall be the same as for

witnesses appearing in the courts and shall be paid from

appropriations for the incidental expenses of the civil service

commission.

(b) Requirement.--Officers in public service and employees

shall attend and testify if required to do so by the civil

service commission.

subpoena issued by the civil service commission, the individual

shall, upon conviction, be sentenced to pay a fine of no less

than $250 and not more than $500. If the individual is in

default of the payment of the fine under this subsection, the

individual shall be imprisoned for a period not to exceed 30

days.

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(d) Court of common pleas.--If an individual refuses or

neglects to obey a subpoena issued by the civil service

commission, the civil service commission may petition the court

of common pleas of the county to order the individual to appear

before the civil service commission or the court to testify and

produce records and papers as the civil service commission deems

necessary. If the individual refuses to comply with the court's

order, the individual shall be held in contempt of court.

§ 1940. Annual report.

The civil service commission shall make an annual report to

the board of commissioners containing a brief summary of its

work during the year, which shall be available for public

inspection in accordance with the act of February 14, 2008

(P.L.6, No.3), known as the Right-to-Know Law.

§ 1941. General provisions relating to examinations.

(a) Minimum qualifications and passing grade.--The civil

service commission shall make rules and regulations providing

for the examination of applicants for positions in the police

force and as paid firefighters and for promotions, which shall

prescribe the minimum qualifications of applicants to be

examined and the passing grades. Examinations for positions or

promotions shall be practical in character and shall relate to

matters and include inquiries as will fairly test the merit and

fitness of the individuals examined to discharge the duties of

the employment sought. Examinations shall be open to applicants

who have the minimum qualifications required by the rules and

regulations. Each applicant for examination for an original

position shall:

(1) be subject to the regulations adopted by the civil

service commission;

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(2) either before or after the written examination,

submit to a physical fitness or agility examination that is

job-related and consistent with business necessity;

(3) if made a conditional offer of employment, be given

a physical and psychological medical examination under

section 1949 (relating to physical and psychological medical

examinations); and

(4) be subject to a background investigation. Background

investigations may be restricted to candidates on an

eligibility list or to candidates to be certified to the

board of commissioners for appointment in accordance with

section 1944 (relating to eligibility list and manner of

filling appointments).

(a.1) Promotion.--An applicant for promotion shall be

subject to the regulations adopted by the civil service

commission and to examination and selection in accordance with

section 1948 (relating to promotions). A physical fitness or

agility examination that is job related and consistent with

business necessity and physical and psychological medical

examinations may be required for promotions.

(b) Public notice.--Public notice of the time and place of

each examination and the information as to the kind of position

to be filled shall be given by publication once in a newspaper

of general circulation at least two weeks prior to each

examination. A copy of the notice shall be prominently posted in

the office of the civil service commission or other public

place.

post in its office the eligibility list containing the names and

grades of candidates who have passed the examination.

20250SB1036PN1205 - 45 -

§ 1942. Application for examination.

An individual who desires to apply for examination must file

with the civil service commission a formal application in which

the applicant shall provide under oath or affirmation

information required by the civil service commission's rules and

regulations showing the applicant's qualifications for the

position for which the applicant is being examined.

§ 1943. Rejection of applicant and hearing.

(a) Refusal.--The civil service commission may refuse to

examine or may refuse to certify after examination as eligible,

an applicant who:

(1) is found to lack any of the minimum qualifications

for examination prescribed in the rules and regulations

adopted for the position or employment for which the

applicant has applied;

(2) is physically unfit for the performance of the

duties of the position or employment for which the applicant

has applied;

(3) is illegally using a controlled substance as defined

in the Controlled Substances Act (Public Law 91-513, 84 Stat.

1236);

(4) has been found guilty of a crime involving moral

turpitude or of infamous or notoriously disgraceful conduct;

(5) has been dismissed from public service for

delinquency or misconduct in office; or

(6) is affiliated with a group which has policies or

engages in activities that are subversive to the form of

government established in Federal or State law.

(b) Hearing.--

(1) If an applicant is aggrieved by the civil service

20250SB1036PN1205 - 46 -

commission's refusal to certify the applicant as eligible

after an examination or by the civil service commission's

refusal to examine the individual, the civil service

commission shall, at the request of the applicant or

individual aggrieved, set a date, time and place for a public

hearing within 10 days after the receipt of the request for a

public hearing.

(2) At the public hearing, the applicant or individual

aggrieved may appear with or without counsel and the civil

service commission shall take testimony and review the civil

service commission's refusal to provide the examination or

certification. The deliberations of the civil service

commission regarding the matter, including interim rulings on

evidentiary or procedural issues, may be held as a closed

executive session.

(3) The civil service commission's disposition of the

matter shall constitu te official action which shall occur at

a public meeting held under 65 Pa.C.S. Ch. 7 (relating to

open meetings) and the civil service commission's decision on

the matter shall be final.

§ 1944. Eligibility list and manner of filling appointments.

(a) Rank.--

(1) The civil service commission shall rank the

candidates who have satisfied the minimum requirements for

appointment on an eligibility list at the completion of the

testing process, including a physical agility or other

examination, except for a background investigation to be

conducted after the establishment of an eligibility list and

a physical and psychological medical examination under

section 1949 (relating to physical and psychological medical

20250SB1036PN1205 - 47 -

examinations).

(2) The eligibility list shall contain the names of

individuals eligible for appointment listed from highest to

lowest based on the individual's scores on the examinations

administered by the civil service commission and any points

for which the applicant was entitled under 51 Pa.C.S. Ch. 71

(relating to veterans' preference).

(3) The eligibility list shall be valid for one year

from the date the civil service commission formally adopts

the eligibility list. Prior to expiration of the one-year

period, the civil service commission may extend the validity

of the eligibility list for up to an additional 12 months by

a majority vote of the civil service commission at a duly

authorized civil service commission meeting. In the absence

of a lawful extension by the civil service commission, the

list shall expire.

(b) Filling of a position.--Except as provided under

subsection (c), an original position or employment in the police

force or as a paid firefighter, except for the chief of police

or chief of the fire department or an equivalent official, shall

be filled only in the following manner:

(1) The board of commissioners shall notify the civil

service commission of a vacancy which is to be filled and

shall request the certification of an eligibility list.

(2) For each vacancy, the civil service commission shall

certify three individuals from the eligibility list, or a

fewer number of individuals if three individuals are not

available, who have received the highest average for the

vacancy.

(3) The board of commissioners shall make a conditional

20250SB1036PN1205 - 48 -

appointment from the certified individuals by the civil

service commission based solely on the merits and fitness of

the certified individuals, unless the board of commissioners

objects to the civil service commission regarding one or more

of the certified individuals for a cause specified under

section 1943 (relating to rejection of applicant and

hearing).

(4) If objections are sustained by the civil service

commission under paragraph (3), or if the conditional

appointee is determined to be unqualified in accordance with

the procedures under section 1949, the civil service

commission shall strike the name of the individual from the

eligibility list and certify the next highest individual from

names stricken from the eligibility list.

(b.1) Subsequent vacancy.--The procedure under subsection

(b) shall be used to fill each subsequent vacancy that occurs in

the same or another position.

existing position in the police force or as a paid firefighter

which occurs as a result of retirement, resignation, disability

or death may be filled by the board of commissioners by the

reappointment or reinstatement of a former employee of the

police force or fire department who had previously complied with

this section. An examination, other than a physical examination

as directed by the civil service commission, may not be required

for reappointment or reinstatement to the force or department

with which the employee previously served, except at the

discretion of the board of commissioners or as required by law.

(d) Chief of police or chief of fire department.--For a

vacancy in the office of chief of police or chief of the fire

20250SB1036PN1205 - 49 -

department or equivalent official, the board of commissioners

may nominate an individual to the civil service commission. The

civil service commission shall subject the nominee to a

noncompetitive examination. If the nominee is certified by the

civil service commission as qualified, the nominee may be

appointed to the position and shall be subject to the provisions

of this subdivision.

§ 1945. Age and applicant's residence.

An individual may not apply for examination unless the

individual is at least 18 years of age at the date of

application. The board of commissioners may accept applications

from nonresidents of the township and may require nonresident

police officers and nonresident paid firefighters to become

residents of the township after appointment to the positions.

The rules and regulations of the civil service commission shall

reflect the residency requirements of the board of commissioners

or a collective bargaining agreement or award.

§ 1946. Probationary period.

(a) Duration.--An original appointment to a position in the

police force or as a paid firefighter shall be for a

probationary period of not less than six months and not more

than one year, except that during the probationary period an

appointee may be dismissed only for a cause as provided in

section 1943 (relating to rejection of applicant and hearing) or

because of incapacity for duty due to the use of alcohol or

drugs.

(b) Conduct or fitness.--If, at the close of a probationary

period, the conduct or fitness of the probationer has not been

satisfactory to the board of commissioners, the probationer

shall be notified in writing that the probationer will not

20250SB1036PN1205 - 50 -

receive a permanent appointment and the appointment shall cease.

If the probationer is not notified or dismissed in accordance

with this section, the probationer's retention shall be

equivalent to a permanent appointment.

discharge a probationer shall be final and shall not be subject

to the hearing provisions under section 1951 (relating to

hearings on dismissals and demotions). The decision of a

township to suspend or discharge a probationer shall be rendered

in accordance with 65 Pa.C.S. Ch. 7 (relating to open meetings).

§ 1947. Provisional appointments.

(a) Noncompetitive examination.--If there are urgent reasons

for the filling of a vacancy in a position in the police force

and there are no names on the eligibility list for the

appointment, the board of commissioners may nominate an

individual to the civil service commission for a noncompetitive

examination. If the nominee is certified by the civil service

commission as qualified after the noncompetitive examination,

the nominee may be provisionally appointed to fill the vacancy.

(b) Competitive examination.--Within 90 days of the

provisional appointment under subsection (a), the civil service

commission shall hold a competitive examination, certify an

eligibility list and make a regular appointment to the position

under section 1944 (relating to eligibility list and manner of

filling appointments) from the names submitted by the civil

service commission. Nothing in this section shall be construed

to prevent the appointment without an examination of individuals

temporarily as police officers in cases of riot or other

emergencies or firefighters in cases of emergency.

§ 1948. Promotions.

20250SB1036PN1205 - 51 -

(a) Basis.--A promotion shall be based on merit to be

ascertained by an examination to be prescribed by the civil

service commission. Questions relative to a promotion shall be

practical in character and fairly test the merit and fitness of

an individual seeking promotion.

(b) Notification.--The board of commissioners shall notify

the civil service commission of a vacancy on the police force or

fire department which is to be filled by promotion and shall

request the certification of an eligibility list.

certify for each vacancy the names of three individuals on the

eligibility list who have received the highest average in the

last promotion examination held within a period of two years

preceding the date of the request for the eligibility list. If

three names are not available, the civil service commission

shall certify the names remaining on the eligibility list. The

board of commissioners shall make an appointment from the names

certified, based solely on the merits and fitness of the

candidate, unless the board of commissioners make objections to

the civil service commission regarding an individual on the

eligibility list for any reason provided under section 1943

(relating to rejection of applicant and hearing).

(d) Salary.--The board of commissioners may determine in

each instance whether an increase in salary constitutes a

promotion.

§ 1949. Physical and psychological medical examinations.

(a) Conditional offers.--An applicant selected from the

eligibility list shall receive a conditional offer of

employment. The offer of employment shall be conditioned upon

the conditional employee undergoing a physical and psychological

20250SB1036PN1205 - 52 -

medical examination and a determination that the conditional

employee is capable of performing all the essential functions of

the position. Physical medical examinations shall be conducted

under the direction of a physician or other qualified medical

professional. Psychological medical examinations shall be

conducted under the direction of a psychiatrist or psychologist.

(b) Fitness.--The physician, other qualified medical

professional, psychiatrist or psychologist shall be appointed by

the board of commissioners and shall render an opinion as to

whether the conditional appointee has a physical or mental

condition which calls into question the individual's ability to

perform all of the essential functions of the position for which

the individual was conditionally appointed.

physician, other qualified medical professional, psychiatrist or

psychologist calls into question the conditional appointee's

ability to perform all essential functions of a position, an

individual designated by the board of commissioners shall meet

with the conditional appointee for the purpose of having one or

more interactive discussions on whether the conditional

appointee can, with or without reasonable accommodation, perform

all the essential functions of the position.

(d) Found not qualified.--If, at the conclusion of the

interactive discussion conducted under subsection (c), the board

of commissioners determine that the conditional appointee is not

qualified, the board of commissioners shall give written notice

to the conditional appointee and the commission.

(e) Construction.--Nothing in this subchapter shall be

construed to authorize physical or psychological medical

examinations prior to conditional appointment.

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(f) Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Medical examination." An examination, procedure, inquiry or

test designed to obtain information about medical history or a

physical or mental condition which might disqualify an applicant

if it would prevent the applicant from performing, with or

without a reasonable accommodation, all of the essential

functions of the position.

"Qualified medical professional." An individual, in

collaboration with or under the supervision or direction of a

physician, as may be required by law, who is licensed:

(1) As a physician assistant under the act of December

20, 1985 (P.L.457, No.112), known as the Medical Practice Act

of 1985, or the act of October 5, 1978 (P.L.1109, No.261),

known as the Osteopathic Medical Practice Act.

(2) As a certified registered nurse practitioner under

the act of May 22, 1951 (P.L.317, No.69), known as The

Professional Nursing Law.

§ 1950. Removals.

(a) Police or fire force employees.--An individual employed

in a police or fire force of a township may not be suspended

without pay, removed or demoted except for the following

reasons:

(1) Physical or mental disability affecting the

individual's ability to continue in service, in which case

the individual shall receive an honorable discharge from

service.

(2) Neglect or violation of any official duty.

(3) Violation of any law of this Commonwealth, if the

20250SB1036PN1205 - 54 -

violation constitutes a misdemeanor or felony.

(4) Inefficiency, neglect, intemperance or disobedience

of orders or conduct unbecoming an officer.

(5) Intoxication while on duty.

(6) Engaging or participating in the conduct of a

political or election campaign otherwise than to exercise the

individual's own right of suffrage, except that this clause

shall only apply to a police officer while on duty or in

uniform or while using township property.

(7) Engaging or participating in the conduct of a

political or election campaign for an incompatible office

under section 4101 (relating to appointment, compensation and

training of police officers).

(a.1) Limitations.--An individual employed by a police or

fire force may not be removed for religious, racial or political

reasons.

(a.2) Written statement.--A written statement of charges

made against an employee shall be furnished to the individual

within five days after the statement of charges are filed with

the commission. The individual shall have 10 days from the date

of receiving the notice to submit a written request for a

hearing to the commission under section 1951 (relating to

hearings on dismissals and demotions).

(b) Necessary reduction.--If, for reasons of economy or

other reasons, the township deems necessary a reduction of the

number of paid employees of the police or fire force, the

township shall furlough the individual, including a probationer,

last appointed to the respective force. The removal shall be

accomplished by furloughing in numerical order commencing with

the individual last appointed until the reduction has been

20250SB1036PN1205 - 55 -

accomplished. If the police or fire force shall again be

increased, the employees furloughed shall be reinstated in the

order of the employee's seniority in the respective service.

This subsection, as to reductions in force, is not applicable to

a chief of police or fire chief.

§ 1951. Hearings on dismissals and demotions.

(a) Answers and hearings.--An individual suspended, removed

or demoted may make written answers to charges filed against the

individual no later than the day scheduled for the hearing. The

civil service commission shall grant the individual a hearing

which shall be held within a period of 10 days from the filing

of written charges, unless continued by the civil service

commission for cause at the request of the board of

commissioners or the accused. The failure of the civil service

commission to hold a hearing within 10 days from the filing of

the written charges may not result in the dismissal of the

charges filed.

(b) Suspension without pay.--At a hearing, the individual

against whom the charges are made may be present in person and

by counsel. The board of commissioners, or the chief of police

or fire chief, as applicable, when the board of commissioners is

not in session, may suspend the individual without pay pending

the determination of the charges against the individual. The

following shall apply:

(1) If the civil service commission fails to uphold the

charges, the individual sought to be suspended, removed or

demoted shall be reinstated with full pay for the period

during which the individual was suspended, removed or

demoted, and no charges shall be officially recorded against

the individual's record.

20250SB1036PN1205 - 56 -

(2) A stenographic record of all testimony taken at the

hearings shall be filed with and preserved by the civil

service commission.

(3) The stenographic record shall be sealed and not be

available for public inspection if the charges are dismissed.

appeal to the court of common pleas of the county and the case

shall be determined as the court deems proper. No order of

suspension made by the civil service commission shall be for a

longer period than one year. The appeal shall be taken within 30

days from the date of entry by the civil service commission of

the final order and shall be by petition. Upon the appeal being

taken and docketed, the court of common pleas shall schedule a

day for a hearing and shall proceed to hear the appeal on the

original record and additional proof or testimony as the parties

concerned may desire to offer in evidence. The decision of the

court affirming or reversing the decision of the commission

shall be final and the employee shall be suspended, discharged,

demoted or reinstated in accordance with the order of the court.

(d) Counsel.--The board of commissioners and the individual

sought to be suspended, removed or demoted shall at all times

have the right to employ counsel before the civil service

commission and upon appeal to the court of common pleas. Unless

the board of commissioners or the individual sought to be

suspended, removed or demoted requests that the proceedings

before the commission be open to the public, the proceedings

before the commission under this section shall be held in the

nature of a closed executive session that shall not be open to

the public. The request shall be presented to the civil service

commission before the civil service hearing commences. The

20250SB1036PN1205 - 57 -

deliberations of the civil service commission, including interim

rulings on evidentiary or procedural issues, may be held in

private and may not be subject to a request for being open to

the public by the board of commissioners or the individual

sought to be suspended, removed or demoted. The civil service

commission's disposition of the disciplinary action shall

constitute official action which shall occur at a public meeting

held under 65 Pa.C.S. Ch. 7 (relating to open meetings).

(e) Collective bargaining members.--In a case in which a

police officer or firefighter who is a member of a bargaining

unit is subject to suspension, discharge or discipline, the

police officer or firefighter shall have the option of

challenging the suspension, discharge or discipline imposed by

using the procedures in this section or by a proceeding in

grievance arbitration. A choice to proceed either by the

procedures provided for in this section or by grievance

arbitration forecloses the opportunity to proceed in the

alternative method.

§ 1952. Present employees exempted.

All appointments in the police or fire forces of townships,

including the chief of police or equivalent official, prior to

the creation of a civil service commission, shall continue to

hold their positions and may not be required to take an

examination under this chapter except that which may be required

for promotion. This section may not be construed to apply to

individuals employed temporarily in emergency cases.

§ 1953. Discrimination prohibited.

(a) Application questions.--No question in a form of

application for examination or in an examination or inquiry

shall be so framed as to elicit information from an applicant in

20250SB1036PN1205 - 58 -

violation of Federal or State antidiscrimination laws, including

the Civil Rights Act of 1964 (Public Law 88-352, 78 Stat. 241)

or the act of October 27, 1955 (P.L.744, No.222), known as the

Pennsylvania Human Relations Act. All disclosures by an

applicant of information protected by antidiscrimination laws

shall be ignored.

(b) Discrimination prohibited.--No discrimination shall be

exercised, threatened or promised by a person against or in

favor of an applicant or employee in violation of Federal or

State antidiscrimination laws, including the Civil Rights Act of

1964 or the Pennsylvania Human Relations Act, and no offer or

promise of reward, favor or benefit, directly or indirectly,

shall be made to or received by an individual for an act or

omission or to be done under this chapter.

§ 1954. Penalty.

The following shall be considered a misdemeanor and, upon

conviction, the individual shall be sentenced to pay a fine of

not more than $500 or to imprisonment for not more than 90 days,

or both:

(1) A township commissioner who, by vote, appoints an

individual to the police force or as a firefighter contrary

to this chapter.

(2) A township commissioner or member of the civil

service commission who willfully refuses to comply with or

conform to this chapter.

CHAPTER 21

TOWNSHIP COMMISSIONERS

Sec.

2101. Organization and failure to organize.

2102. Monthly meetings, quorum and voting.

20250SB1036PN1205 - 59 -

2103. Compensation.

2104. Reports to auditors.

§ 2101. Organization and failure to organize.

(a) Organization.--The board of commissioners shall organize

on the first Monday of January of each even-numbered year. If

the first Monday is a legal holiday, the meeting shall be held

the following day. The board of commissioners shall assemble for

the organizational meeting at the place of meeting at a time

convenient to the governing body.

(b) President and vice president.--At the organizational

meeting, the board shall elect one member as president and one

as vice president, who, as long as the member continues to be a

commissioner, shall hold office until the successors are elected

and qualified. The president, or, in the president's absence,

the vice president, shall preside at all meetings of the board,

and perform other duties as are specified in this chapter or

which may be prescribed by ordinance.

(b.1) Failure to form quorum.--If a majority of the board of

commissioners does not attend the organization meeting, those

present may adjourn the meeting from day to day until a majority

attend.

township fails to organize within 10 days as required under this

section, the court of common pleas, upon the petition of at

least 10 registered electors, verified by the affidavit of one

of the petitioners, shall issue a rule upon the delinquent

commissioners to show cause why the seats should not be declared

vacant. The rule shall be returnable not less than five days

from the time of its issue, and after hearing, the court may

declare the seats of the members of the board responsible for

20250SB1036PN1205 - 60 -

the failure to organize vacant and shall appoint others to hold

office for the respective unexpired terms.

(d) Classification of meeting.--The organizational meeting

under this section may be considered a regular monthly meeting

for the transaction of business that may come before the board

of commissioners. The first order of business at this meeting

shall be organization of the board. The board of commissioners

may, at the organizational meeting, appoint other officers as

may be provided for by law or ordinance, or as may be deemed

necessary for the conduct of affairs of the township.

§ 2102. Monthly meetings, quorum and voting.

(a) Required meetings.--The board of commissioners shall

meet at least once a month, at a time and place designated by

ordinance.

(b) Quorum.--A majority of the members of the board of

commissioners shall constitute a quorum. Except as provided in

subsection (b.1)(1)(i), only members of the board of

commissioners physically present at a meeting place within the

township shall be counted in establishing a quorum.

(b.1) Telecommunication.--

(1) The board of commissioners may, under an established

telecommunications policy and under paragraph (2), provide

for the participation of members of the board in township

meetings by means of telecommunication devices, including

telephones or computer terminals, which permit, at a minimum,

audio communication between locations, if the following

apply:

(i) A majority of the members of the board is

physically present at the advertised meeting place within

the township and a quorum is established at the convening

20250SB1036PN1205 - 61 -

or reconvening of the meeting. If, after the convening or

reconvening of a meeting, a member of the board has been

disqualified from voting as a matter of law, and is still

physically present, members of the board participating by

telecommunication device in accordance with this section

shall be counted to maintain a quorum.

(ii) The telecommunication device used permits the

member or members of the board not physically present at

the meeting to:

(A) speak to and hear the comments and votes, if

any, of the members of the board who are physically

present, as well as other members of the board who

may not be physically present and are also using a

telecommunication device to participate in the

meeting; and

(B) speak to and hear the comments of the public

who are physically present at the meeting.

(iii) The telecommunication device used permits the

members of the board and the members of the public who

are physically present at the meeting to speak to and

hear the comments and the vote, if any, of the member or

members of the board who are not physically present at

the meeting.

(2) Any changes to the board of commissioners'

established telecommunications policy shall become effective

no sooner than 30 days following the vote to change the

policy.

(3) Nothing in this subsection shall be construed to

limit the protections and prohibitions contained in any law

or regulation relating to the rights of the disabled.

20250SB1036PN1205 - 62 -

be disqualified from voting on an issue before the board solely

because the member had previously expressed an opinion on the

issue in either an official or unofficial capacity.

§ 2103. Compensation.

(a) Salary.--Each township commissioner may receive a

salary, established by ordinance, as follows:

(1) In townships with a population of less than 5,000, a

maximum of $3,145 per year.

(2) In townships with a population of 5,000 or more but

less than 10,000, a maximum of $4,190 per year.

(3) In townships with a population of 10,000 or more but

less than 15,000, a maximum of $5,450 per year.

(4) In townships with a population of 15,000 or more but

less than 25,000, a maximum of $6,915 per year.

(5) In townships with a population of 25,000 or more but

less than 35,000, a maximum of $7,335 per year.

(6) In townships with a population of 35,000 or more but

less than 45,000, a maximum of $8,385 per year.

(7) In townships with a population of 45,000 or more, a

maximum of $210 per year per 1,000 residents or fraction of

1,000.

(a.1) Timing and benefits.--The salaries shall be payable

monthly or quarterly for the duties imposed by this chapter.

Benefits provided to the commissioners under section 43 46

(relating to insurance) may not be considered pay, salary or

compensation. Payment for all or a part of the premiums or

charges for the benefits shall be in accordance with section

4346 .

(a.2) Per-meeting compensation.--Notwithstanding subsection

20250SB1036PN1205 - 63 -

(a), the board of commissioners may provide for a member of the

board of commissioners to receive compensation on a per-meeting

basis based on attendance of board members. Total annual

compensation may not exceed the amounts specified in subsection

(a). Compensation shall only be payable for duly advertised

public meetings in which a member of the board of commissioners

participated, except compensation is not payable if a board

member is absent from a meeting and the absence is not excused.

An excused absence from a meeting shall be determined by council

and shall include, but not be limited to, an emergency or

illness of the board member or the board member's immediate

family, as well as family or business travel. The board of

commissioners may require documentation to support an excused

absence.

(b) Census.--The population shall be determined by the

latest available Federal decennial census figures. No township

shall be required to reduce the salary of a commissioner as a

result of a decrease in population. A change in salary,

compensation or emoluments of the elected office shall become

effective at the beginning of the next term of the township

commissioner.

§ 2104. Reports to auditors.

The board of commissioners shall annually, on or before the

first day of February, furnish to the township auditors

information concerning the construction, reconstruction,

maintenance and repair of streets or other matters that may be

required by a department of the Commonwealth to be included in

the annual township report.

CHAPTER 23

APPOINTED TOWNSHIP TREASURER

20250SB1036PN1205 - 64 -

Sec.

2301. Township treasurer.

2302. Treasurer's and deputy treasurer's bond.

2303. Treasurer's duties.

2304. Penalty for failure to perform duties.

2305. Use of special funds and penalty.

2306. Depositories of township funds.

§ 2301. Township treasurer.

(a) Appointment.--The board of commissioners shall appoint a

township treasurer, who may be the elected tax collector or an

employee of the township, to serve at the pleasure of the board

of commissioners. The township treasurer may not be a member of

the board of commissioners.

(b) Compensation.--The board of commissioners shall

determine the compensation of the township treasurer.

Notwithstanding section 34 of the act of May 25, 1945 (P.L.1050,

No.394), known as the Local Tax Collection Law, a township

treasurer who is the elected tax collector of the township may

receive a salary, compensation or emoluments of office for the

treasurer's work.

(1) The township treasurer shall, within 60 days of the

treasurer's appointment, nominate to the board of

commissioners a person to be appointed by the board as the

deputy treasurer. The board may, subject to the nominated

person meeting the bonding qualifications in paragraph (3),

appoint the nominated person as the deputy treasurer.

(2) The deputy treasurer shall have the rights and

powers and shall perform the duties of the township treasurer

if the township treasurer is unable to perform the duties of

20250SB1036PN1205 - 65 -

office due to sickness, absence or inability to act. If the

township treasurer is unable to perform the duties of office

and has failed to nominate a person for appointment as the

deputy treasurer, the board of commissioners may appoint a

deputy treasurer. The deputy treasurer shall serve until the

township treasurer is again able to perform the duties of the

office.

(3) The deputy treasurer shall be bonded for the same

amount, and in the same manner under section 2302 (relating

to treasurer's and deputy treasurer's bond), as the township

treasurer when acting in the capacity of township treasurer.

The board of commissioners shall determine the compensation

of the deputy treasurer.

§ 2302. Treasurer's and deputy treasurer's bond.

(a) Requirements for bond.--The township treasurer shall,

before entering upon the duties of office, give a fidelity bond

to the township in an amount established by ordinance or

resolution and at least equal to 50% of the amount of township

funds estimated by the board of commissioners to be available to

the township treasurer at any time during the current year. The

bond shall be provided by a surety company or companies duly

authorized to do business in this Commonwealth. The bond given

by the treasurer shall be conditioned on the faithful

performance of the duties as stated in section 2303 (relating to

treasurer's duties). The treasurer may not be required to give

bond or bonds aggregating an amount in excess of the taxes to be

paid over to the treasurer by the tax collector. The bonding

requirements of this section shall also apply to the deputy

treasurer.

(b) Insurance in lieu of bond.--In lieu of the bond required

20250SB1036PN1205 - 66 -

for the faithful performance by the township treasurer or deputy

treasurer of official duties other than those of tax collector,

the board of commissioners may purchase insurance under section

1902(b) (relating to bonds).

§ 2303. Treasurer's duties.

The township treasurer shall:

(1) Receive all money due the township and promptly

deposit the money in a designated depository in the name of

the township.

(2) Keep distinct and accurate accounts of all sums

received from taxes and other sources, which accounts shall

be open to the inspection of the board of commissioners,

township auditor or controller.

(3) Annually submit the accounts to the township

auditors or controller for audit.

(4) Pay out all money of the township only on direction

by the board of commissioners, upon an order signed by the

president or vice president and attested by the secretary or

assistant secretary of the board and designating the

appropriation out of which the order shall be paid. The order

may not be executed unless there is money available in the

treasury. The following apply:

(i) Nothing in this title shall be construed to

preclude the use of electronic signatures and

transactions to the extent authorized by the act of

December 16, 1999 (P.L.971, No.69), known as the

Electronic Transactions Act, or any other law.

(ii) When a treasurer pays out money except upon

orders or pays money in excess of the appropriation, the

treasurer shall receive no credit in the settlement of

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the treasurer's accounts for those amounts, nor shall the

treasurer have any claim or right of action against the

township.

(5) Preserve the account books, papers, documents and

other records of the office and turn them over to the

successor in office.

(6) Pay over to the successor any balance in money

remaining in the treasurer's accounts or charged against the

treasurer in the settlement of the treasurer's accounts.

§ 2304. Penalty for failure to perform duties.

A township treasurer or deputy treasurer who fails to perform

any duties of the office other than those for which specific

penalties are provided commits a summary offense and, in

addition to the fine or penalty which may be imposed upon

conviction, is required to pay to the township an amount equal

to the amount of the financial loss that occurred, if any, for

not performing the duties of the office. That person is

disqualified from holding the office of township treasurer or

deputy treasurer.

§ 2305. Use of special funds and penalty.

When money is collected for a special purpose, a township

treasurer or township commissioner may not apply that money to

any purpose other than that for which it was collected. Every

misapplication shall be a misdemeanor of the third degree, and,

in addition to the fine or penalty which may be imposed upon

conviction, the defendant shall be required to pay restitution

in the amount of money improperly spent.

§ 2306. Depositories of township funds.

The following shall apply:

(1) The board of commissioners shall designate by

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resolution a depository or depositories for township funds.

Money deposited with a banking institution of this

Commonwealth shall be insured with the Federal Deposit

Insurance Corporation or the National Credit Union Share

Insurance Fund or their successor agencies, to the extent

that accounts are insured. The designation is valid for a

period of one year or until another depository or other

depositories are designated by similar action of the board of

commissioners.

(2) The depository or depositories shall be banks,

banking institutions or trust companies located in this

Commonwealth.

(3) The depository or depositories may not be required

to furnish bond or collateral security to cover the amount of

any deposit to the extent that the deposit is insured as in

paragraph (1).

(4) The township treasurer or deputy treasurer shall,

upon the designation of the depository or depositories by the

board of commissioners, immediately transfer to the

depository or depositories the township funds and after that

make deposits solely in the depository or depositories in the

name of the township.

(5) The township treasurer or deputy treasurer, acting

in accordance with law, may not be liable for the loss of

township funds caused solely by the insolvency or negligence

of the depository or depositories.

(6) The following apply:

(i) The designated depositories shall, upon receipt

of notice of their selection as a depository of township

funds, collateralize deposits of public funds in

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accordance with the act of August 6, 1971 (P.L.281,

No.72), entitled, "An act standardizing the procedures

for pledges of assets to secure deposits of public funds

with banking institutions pursuant to other laws;

establishing a standard rule for the types, amounts and

valuations of assets eligible to be used as collateral

for deposits of public funds; permitting assets to be

pledged against deposits on a pooled basis; and

authorizing the appointment of custodians to act as

pledgees of assets ," which authorizes financial

institutions to pledge collateral in an account in the

name of the township or utilize a letter of credit from

the Federal Home Loan Bank, to secure public deposits in

excess of Federal Deposit Insurance Corporation insurance

limits. The depository shall provide a monthly report

within 15 days after the end of each month to the board

of commissioners in accordance with the reporting

requirements in the act of August 6, 1971 (P.L.281,

No.72) , including the composition of the collateral and

related market value.

(ii) Townships may elect to require that

depositories must pledge collateral in an account in the

name of the township to collateralize deposits above the

Federal Deposit Insurance Corporation limit. These

accounts may be custodied with the depository's trust

department or at a third-party financial institution. The

arrangement with the depository may be governed by a

written agreement, approved by the board of directors or

loan committee of the depository, with approval reflected

in the minutes of the board or committee, which are kept

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continuously as an official record of the depository, and

include the following if collateral is pledged instead of

a Federal Home Loan Bank Letter of Credit:

(A) Collateral shall be marked to market no less

frequently than weekly.

(B) Collateral shall be in investments as

prescribed in the investment program provided by the

board of investment or board of commissioners.

custodian, the pledged collateral shall be held in a

separate account established under the act of August

6, 1971 (P.L.281, No.72), in the depository's trust

department.

(D) The market value of the pledged collateral

shall be at least 102% of the township's deposits in

excess of federally insured limits.

(E) A monthly report shall be provided as

specified in subparagraph (i).

CHAPTER 25

TAX COLLECTOR

Sec.

2501. Powers and duties of tax collector.

§ 2501. Powers and duties of tax collector.

(a) Collection of taxes required.--The township tax

collector shall collect all county, institution district,

township, school and other taxes levied within the townships by

authorities authorized to levy taxes.

(b) Collection of taxes permitted.--

(1) The tax collector may also be designated in the tax-

levying ordinance or resolution or be employed by the tax-

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levying authority to collect taxes levied under the act of

December 31, 1965 (P.L.1257, No.511), known as The Local Tax

Enabling Act.

(2) No ordinance or resolution may authorize the

collection of income taxes in a manner other than as provided

in Chapter 5 of The Local Tax Enabling Act.

duties and responsibilities under this chapter, the tax

collector shall exercise all the powers and perform all the

duties and be subject to all the obligations and

responsibilities for the collection of taxes as are conferred

upon tax collectors by law.

CHAPTER 27

TOWNSHIP SECRETARY

Sec.

2701. Appointment of secretary and salary.

2702. Assistant secretary.

2703. Duties.

2704. Records open to inspection.

§ 2701. Appointment of secretary and salary.

The board of commissioners shall appoint a secretary to serve

at the pleasure of the board and who may not be a member of the

board. The secretary shall act as secretary of the board. The

secretary's salary shall be fixed by ordinance or resolution.

§ 2702. Assistant secretary.

The board of commissioners may, by resolution, appoint an

assistant secretary. The assistant secretary shall assist the

secretary in the performance of the secretary's duties and, in

the absence or disability of the secretary, perform the duties

and exercise the powers of the secretary. The compensation of an

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assistant secretary shall be determined by the board of

commissioners and the assistant secretary shall be required to

give bond in an amount as required by the board of

commissioners. The assistant secretary may be appointed from the

membership of the board of commissioners but may not be any

other officer of the board. If a member of the board of

commissioners is appointed as the assistant secretary, the

appointed member may not receive compensation for the services

and shall be bonded.

§ 2703. Duties.

(a) Duties.--The secretary of a township shall:

(1) Record the proceedings of the board of

commissioners.

(2) Preserve the minutes and other records and documents

of the township and turn them over to the successor in

office.

(3) Record appropriations made by the board of

commissioners and the amounts charged to each appropriation.

(4) Perform other duties as required by law or the board

of commissioners.

(b) Equipment and supplies.--The township shall furnish the

secretary with the necessary equipment and supplies as are

necessary for the conduct of the office, which shall be and

remain the property of the township.

§ 2704. Records open to inspection.

The minutes and other records and documents of every township

shall be open in accordance with the act of February 14, 2008

(P.L.6, No.3), known as the Right-to-Know Law.

CHAPTER 29

AUDITORS

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Subchapter

A. Elected Auditors

B. Appointed Independent Auditor

SUBCHAPTER A

ELECTED AUDITORS

Sec.

2901. Meetings and general duties.

2902. Compensation.

2903. Subpoenas, oaths and perjury.

2904. Completion , filing and publication of auditor's report

and financial statement.

2905. Canceling orders.

2906. Penalty for failure to perform duty.

2907. Attorney to auditors.

2908. Surcharge by auditors.

2909. Balances due to be entered as judgments.

2910. Collection of surcharges.

2911. Appeals from report.

2912. Appeal bond.

2913. Procedure on appeals.

2914. Findings of facts and law, judgment and appeals.

2915. Cost of appeals.

2916. Attorney fees.

§ 2901. Meetings and general duties.

(a) Meetings.--The township auditors shall meet annually, on

the day following the day which is fixed by this part for the

organization of the township commissioners. The auditors shall

organize by the election of a chair and secretary. Two auditors

shall constitute a quorum.

(b) Duties.--The auditors shall:

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(1) Audit, settle and adjust the accounts of the

township commissioners, township treasurer, tax collector,

secretary and other officers and individuals receiving and

disbursing or authorizing the disbursement of the money of

the township during the preceding fiscal year.

(2) Audit the dockets, transcripts and other official

records of the offices of the magisterial district judge of

the township to determine the amounts of fines and costs paid

or due to the township. A magisterial district judge of the

township shall open and make available to the auditors their

dockets, transcripts, records and all other official books or

papers for the purpose of the audit. If a magisterial

district judge charges a fine contrary to ordinances, or to

an act which makes the fine payable to the township, the

auditors have the power to surcharge the magisterial district

judge in the amount undercharged.

(3) As directed by the board of commissioners, audit and

report to the board of commissioners on the accounts of every

officer of the township, upon the death, resignation, removal

or expiration of the term of the officer.

auditors and the person being audited, the audit shall be

conducted at the place the records of the person are normally

kept.

§ 2902. Compensation.

(a) Per diem.--Subject to the limitations in subsection (b),

each auditor shall receive $20 per diem, to be paid by the

township, for each day necessarily employed in the discharge of

the auditor's duties. A day shall consist of not less than five

hours in the aggregate.

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(b) Limitations.--A township auditor may not be entitled to

receive compensation for more than the following number of days:

(1) In townships with a population of less than 3,000, a

maximum of 20 days.

(2) In townships with a population of 3,000 or more but

less than 10,000, a maximum of 30 days.

(3) In townships with a population of 10,000 or more, a

maximum of 40 days.

§ 2903. Subpoenas, oaths and perjury.

(a) Powers.--The auditors of each township may:

(1) Issue subpoenas to obtain the attendance of:

(i) the officers and persons whose accounts the

auditors are required to adjust;

(ii) executors and administrators of an office under

subparagraph (i); and

(iii) a person whom it may be necessary to examine

as a witness.

(2) Compel the production of documents, including

financial records, relative to township accounts. If a person

refuses or neglects to appear, produce documents or testify,

the auditors shall petition the court of common pleas of the

county to issue a subpoena to the person and to require the

person to produce documents or appear and testify before the

court. The court shall issue the subpoena if it deems the

documents or testimony relevant to the issue.

(b) Oaths.--The auditors may administer oaths and

affirmations to all persons brought or appearing before them,

whether accountants, witnesses or otherwise. A person swearing

or affirming falsely upon examination is guilty of perjury.

§ 2904. Completion, filing and publication of auditor's report

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and financial statement.

(a) Audit.--The auditors shall complete the annual audit,

settlement and adjustment prior to June 30.

(b) The auditors shall, within 10 days after the completion

of the report under subsection (c), publish, by advertisement in

at least one newspaper of general circulation in accordance with

the provisions of section 1107 (relating to legal advertising),

concise financial information prepared or approved by the

auditors and consistent with the audited financial statements

for total assets, total liabilities and total net position at

the end of the fiscal year and total revenue, total expenses and

changes in total net position for that fiscal year and a

reference to a place within the township where copies of the

financial statements and accompanying auditors' report may be

examined. If the full financial statements and accompanying

auditors' report are not published, copies shall be supplied to

the publishing newspaper when the request for publication is

submitted.

statement shall be presented on a uniform form prepared and

furnished as provided in section 4903 (relating to uniform

financial report and forms).

(d) Requirements.--The auditors' report and financial

statement shall be signed by all of the auditors, and the

auditors' report shall be duly verified by the oath of one of

the auditors. A secretary of the auditors shall file a copy of

the report with the secretary of the township, the clerk of the

court or the prothonotary, as may be provided by local rules of

court, the Department of Community and Economic Development and

the Department of Transportation not later than June 30 of each

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year. A secretary of the auditors refusing or willfully

neglecting to file the report commits a summary offense. If the

failure to file the report within the period specified is due to

the failure of one or more of the auditors to prepare the

statement upon which the report is to be based, the auditor

commits a summary offense.

§ 2905. Canceling orders.

The auditors shall cancel an order or voucher that the

auditors find has been paid by writing or stamping the word

"audited" on the face of the order or voucher.

§ 2906 . Penalty for failure to perform duty.

An auditor who fails to comply with the provisions of this

subchapter commits a summary offense.

§ 2907. Attorney to auditors.

(a) Employment.--The auditors may employ an attorney if a

disagreement occurs between the auditors and an official or a

board of officials whose accounts the auditors are required to

audit. The attorney shall not be employed under this subsection

until all of the following occur:

(1) Reasonable efforts to reach an agreement have been

made.

(2) Notice of the auditors' intention to hire the

attorney has been given to the official or board of

officials.

(b) Compensation.--The auditors, with the agreement of the

board of commissioners, shall determine the compensation to be

paid to the attorney. If the auditors and board of commissioners

cannot agree on the compensation, upon petition of the auditors,

the court of common pleas shall establish the compensation for

the attorney employed by the auditors. The compensation for the

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attorney shall be paid out of the township general fund.

§ 2908. Surcharge by auditors.

(a) Surcharge authorized.--The amount of a balance or

shortage or an expenditure of a kind or made in a manner

prohibited or not authorized by the laws of this Commonwealth

that causes a financial loss to the township shall be a

surcharge against any of the following:

(1) An officer or person responsible for the balance or

shortage.

(2) An individual who has permitted or approved the

expenditure by a vote, an act or neglect.

(b) Surcharge limitations.--

(1) An elected or appointed officer of a township or a

person may not be surcharged for an act, error or omission in

excess of the actual financial loss sustained by the

township.

(2) The imposition of a surcharge shall be based on the

results of the act, error or omission and the results had the

procedure been conducted in accordance with the laws of this

Commonwealth. The surcharge may not exceed the difference

between the costs actually incurred by the township and the

costs that would have been incurred had the authorized

procedures been conducted in accordance with law.

(3) Paragraph (1) shall not apply to a case involving

fraud or collusion by an elected or appointed officer or to a

penalty payable to the Commonwealth. Notwithstanding the

provisions of this section, the procedures in the act of May

25, 1945 (P.L.1050, No.394), known as the Local Tax

Collection Law, shall apply to balances and shortages in the

tax accounts of the tax collector.

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(4) An elected or appointed officer of a township may

not be surcharged if the officer acted in good faith reliance

on a written, nonconfidential opinion of the solicitor of the

township or on an opinion of the solicitor of the township

publicly stated at an open meeting of the township and

recorded in the official minutes of the meeting. This

paragraph shall not apply if a solicitor's opinion has been

rendered under duress or if the parties seeking and rendering

the solicitor's opinion have colluded to purposefully commit

a violation of law. As used in this paragraph, the term

"solicitor" includes a special counsel appointed by the

township for a specific matter.

transaction, an elected or appointed officer knowingly and

willfully acting in violation of law commits a misdemeanor of

third degree and, upon conviction, may be sentenced to pay a

fine not to exceed $100.

§ 2909. Balances due to be entered as judgments.

A balance against an elected or appointed officer of the

township in a report of the auditors shall constitute a

surcharge against the officer in the same manner as a balance

expressly stated in the report to be a surcharge. The amount of

a balance and any express surcharge shall, if no appeal is taken

or after an appeal has been finally determined in favor of the

township, be entered by the prothonotary as a judgment against

the officer. The clerk of the court of common pleas shall

certify the amount of each balance or surcharge contained in a

report of the auditors for which no appeal has been initiated

within the time period specified under this subchapter to the

court of common pleas for entry by the prothonotary as a

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judgment.

§ 2910. Collection of surcharges.

An auditor, registered elector or taxpayer of the township

may enforce the collection of a judgment entered for a surcharge

for the benefit of the township by an appropriate action or

execution. A registered elector or taxpayer shall file a bond

with one or more sureties in the court of common pleas

conditioned to indemnify the township from all costs of the

proceedings. An enforcement action under this section shall be

subject to the rights of appeal from the report of the auditors

specified under this subchapter.

§ 2911. Appeals from report.

A township, registered elector or taxpayer on behalf of the

township or an officer or person whose account is settled or

audited by the auditors may appeal from the settlement or audit

to the court of common pleas within 45 days from the date of the

filing of the report of the auditors with the clerk of the court

of common pleas.

§ 2912. Appeal bond.

An appeal by a registered elector, taxpayer or officer may

not be allowed unless the appellant secures a bond with

sufficient surety to prosecute the appeal and pay all the costs

of appeal under any of the following circumstances:

(1) If the appellant is a registered elector or

taxpayer, the appellant fails to obtain a final decision more

favorable to the township than that awarded by the auditors.

(2) If the appellant is an accounting officer, the

appellant fails to obtain a final decision more favorable to

the officer than that awarded by the auditors.

§ 2913. Procedure on appeals.

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(a) Investigatory burden.--In a proceeding upon an appeal

from a report of the auditors, the accounts of the officer or

person in question may be investigated de novo. The officer or

person whose accounts are involved in the appeal shall have the

burden of establishing the right to credits claimed by the

officer or person. The opposing party in the appeal may use any

facts, figures or findings of the report of the auditors as

prima facie evidence against an officer or person whose accounts

are involved in the appeal.

(b) Consolidated appeals.--If more than one appeal from the

report of the auditors is heard, the court may on its own motion

or shall, upon petition of an interested party, direct the

several appeals be consolidated.

§ 2914. Findings of facts and law, judgment and appeals.

After a hearing, the court shall file its findings of fact

and law and enter a judgment accordingly. A judgment entered by

the court may be enforced by the prevailing party by an

appropriate proceeding. An appeal from the court's ruling may be

initiated in accordance with the laws of this Commonwealth.

§ 2915. Cost of appeals.

In a case of appeal from the report or audit of the auditors

to the court of common pleas, the cost of the appeal shall be

determined by the court.

§ 2916. Attorney fees.

(a) Award.--Upon final determination of an appeal initiated

under section 2911 (relating to a ppeals from report) from any

report, audit or settlement of the account of a township

officer, attorney fees shall be awarded as follows:

(1) If, in the opinion of the court, the final

determination is more favorable to the township officer

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involved than that awarded by the auditors, the township

shall pay reasonable attorney fees, or a portion of

reasonable attorney fees as specified under paragraph (3),

incurred by the township officer in connection with the

surcharge proceeding.

(2) If, in the opinion of the court, the final

determination is more favorable to the township than that

awarded by the auditors in the case of an appeal initiated by

the township or a taxpayer, the township officer who is the

subject of the surcharge proceeding shall pay reasonable

attorney fees, or a portion of reasonable attorney fees as

specified under paragraph (3), incurred by the township,

elector or taxpayer in connection with the surcharge

proceeding.

(3) If, in the opinion of the court, the final

determination is in part more favorable to the township and

in part more favorable to the township officer involved in

the surcharge proceeding than that awarded by the auditors,

the court may order any of the following:

(i) The township to pay a portion of reasonable

attorney fees incurred by the township officer in

connection with the surcharge proceeding.

(ii) The township officer who is the subject of the

surcharge proceeding to pay a portion of reasonable

attorney fees incurred by the township or taxpayer in

connection with the surcharge proceeding.

(b) Other accounts.--In cases of appeals involving accounts

other than accounts of township officers, the court shall

allocate attorney fees in the court's discretion.

SUBCHAPTER B

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APPOINTED INDEPENDENT AUDITOR

Sec.

2921. Appointment of independent auditor.

2922. Audits.

2923. Completion, filing and publication of annual audit and

financial report.

§ 2921. Appointment of independent auditor.

If an ordinance has been enacted for the appointment of an

independent auditor in lieu of elected auditors under section

1703(a)(3) (relating to elected officers), the board of

commissioners shall appoint an independent auditor by resolution

and the provisions of this subchapter shall apply. The

independent auditor shall be a certified public accountant or a

firm of certified public accountants.

§ 2922. Audits.

(a) Annual audit.--

(1) The independent auditor shall conduct an annual

audit of the finances of the township, as presented in the

annual audit and financial report, which shall include all of

the following:

(i) Each account in which the township is concerned.

(ii) The accounts of township officers, departments

and offices that collect, receive and disburse public

money on which the independent auditor is required to

report under this subchapter.

(iii) The accounts of township officers, departments

and offices that are authorized with the management,

control or custody of public money on which the

independent auditor is required to report under this

subchapter.

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(2) Nothing in this subchapter shall be construed to

prohibit the board of commissioners from requiring the

independent auditor to conduct a more complete or

comprehensive audit than is required under this subchapter.

(b) Interim audits.--

(1) The board of commissioners may require advisory

interim reports from the independent auditor.

(2) The board of commissioners may direct the

independent auditor to audit the accounts of a township

officer upon the death, resignation, removal or expiration of

the term of the township officer.

an examination in accordance with United States generally

accepted auditing standards. Errors or irregularities detected

in the course of an audit shall be communicated in accordance

with the standards under this subsection.

(d) Definition.--As used in this subchapter, the term

"annual audit and financial report" means the report that is

presented on the uniform form as provided in section 2923(d)

(relating to completion, filing and publication of annual audit

and financial report).

§ 2923. Completion, filing and publication of annual audit and

financial report.

(a) Completion.--The independent auditor shall complete the

annual audit by June 30 of each year as directed by the board of

commissioners.

(b) Filing.--A copy of the audited annual audit and

financial report shall be filed with the following:

(1) The secretary of the township, in accordance with

applicable rules and regulations of the township.

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(2) The clerk of the court or the prothonotary, as may

be provided by local rules of court.

(3) The Department of Community and Economic

Development, in accordance with the rules and regulations of

the Department of Community and Economic Development.

financial report is available for public inspection shall be

published once in at least one newspaper of general circulation

by the secretary of the township in accordance with section 1107

(relating to legal advertising). Public inspection shall be in

accordance with the act of February 14, 2008 (P.L.6, No.3),

known as the Right-to-Know Law. A copy, which may be in

electronic format, of the complete annual audit and financial

report, including the accompanying independent auditor's report,

shall be supplied to the publishing newspaper when the request

for publication is submitted. Nothing in this section shall be

construed to preclude the township from providing the township's

audited annual audit and financial report on the township's

publicly accessible Internet website.

(d) Presentation.--The annual audit report and annual

financial statements shall be presented on a uniform form

prepared and furnished as provided under section 4903 (relating

uniform financial report and forms).

(e) Appeals.--Nothing in this subchapter shall prohibit a

registered elector or taxpayer from appealing an annual audit

and financial report of the independent auditor in accordance

with and subject to the procedures under sections 2911 (relating

to appeals from report), 2912 (relating to appeal bond), 2913

(relating to procedure on appeals), 2914 (relating to findings

of facts and law, judgment and appeals), 2915 (relating to cost

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of appeals) and 2916 (relating to attorney fees) if the

registered elector or taxpayer believes a surcharge as described

under section 2908 (relating to surcharge by auditors) should

exist against an officer or person. The appeal shall be

initiated within 45 days of the filing specified under

subsection (b).

CHAPTER 31

CONTROLLER

Sec.

3101. Oath and bond of controller.

3102. Salary of controller.

3103. General powers and duties of controller.

3104. Countersigned warrants.

3105. Prevention of appropriation overdrafts.

3106. Amount of contracts to be charged against appropriations.

3107. Management and improvement of township finances.

3108. Financial records to be kept by controller.

3109. Appeals from controller's report.

3110. Controller to retain financial records, pending appeals.

§ 3101. Oath and bond of controller.

(a) Oath.--The township controller, if the office of

township controller has been created, shall take the required

oath or affirmation of office under 53 Pa.C.S. § 1141 (relating

to form of oaths of office) before entering upon the duties of

office.

(b) Bonds.--In accordance with section 1902 (relating to

bonds), the township controller shall give bond to the township

with a surety company or other company authorized by the laws of

this Commonwealth to act as surety and approved by the board of

commissioners. The amount of the bond shall be a sum determined

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by the board of commissioners as specified in an ordinance and

conditioned for the faithful discharge of the township

controller's duties. The amount of the bond shall be sufficient

to adequately protect the township from any illegal or

unfaithful action by the township controller. The cost of the

bond shall be paid by the township.

faithful performance by the township controller of official

duties under subsection (b), the board of commissioners may

purchase insurance as provided under section 1902(b).

§ 3102. Salary of controller.

The annual salary of the township controller shall be fixed

by ordinance passed at least 30 days before the township

controller's election. A change in salary, compensation or

emoluments of the office of township controller shall take

effect at the beginning of the next term of the township

controller.

§ 3103. General powers and duties of controller.

(a) Fiscal affairs.--The township controller shall manage

the fiscal affairs of the township. The township controller

shall examine, audit and settle all accounts in which the

township is concerned as a debtor or creditor in accordance with

the laws of this Commonwealth. If there is no law of this

Commonwealth governing the settlement of the township's

accounts, the controller shall examine the accounts and report

the relevant facts and opinions on the accounts to the board of

commissioners.

(b) Audits.--During the examination, audit and settlement of

the township's accounts, the township controller shall have the

same powers and may perform the same duties vested in and

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imposed on auditors under this part. During the authentication

of an account, claim or demand against the township, the

township controller shall have the same power as the elected

township auditors to obtain the attendance of parties and

witnesses and the production of documents and to administer

oaths and affirmations. An individual guilty of swearing or

affirming falsely before the township controller commits perjury

as specified under 18 Pa.C.S. § 4902 (relating to perjury). The

township controller shall make and file an annual report of an

audit of the township's accounts and make and publish the

township's annual financial statement in the same form and

manner and at the same time as required of elected township

auditors under this part.

all of the following powers and duties:

(1) The township controller shall have supervision and

control of the accounts of all departments, bureaus and

officers of the township authorized to collect, receive or

disburse public money or who are charged with the management

or custody of the accounts.

(2) The township controller shall audit the respective

accounts of a department, bureau or an officer specified

under paragraph (1) and may require, at any time, a statement

in writing from the department, bureau or officer of any

money or property of the township in the possession or under

the control of the department, bureau or officer. The

statement of a department, bureau or an officer under this

paragraph shall include the amount of cash on hand, the

amount deposited in a banking institution and the name of the

banking institution.

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(3) The township controller may examine each account of

a township officer in a banking institution to verify the

accuracy of the statement of the department, bureau or

officer under paragraph (2). A banking institution, including

an officer or agent of the banking institution, shall furnish

complete information about each account of a township officer

to the township controller. A banking institution, including

an officer or agent of the banking institution, shall not be

subject to prosecution under any other law of this

Commonwealth for disclosing the information required under

this paragraph.

(4) The township controller shall, immediately upon the

discovery of a default, irregularity or delinquency, report

the default, irregularity or delinquency to the board of

commissioners.

(5) The township controller shall audit and report on

the account of a township officer upon the death,

resignation, removal or expiration of the term of the

officer.

§ 3104. Countersigned warrants.

(a) Countersign.--Except as provided under subsection (b), a

township controller shall countersign a warrant presented upon

the township treasurer. The board of commissioners shall

determine the form of the warrant.

(b) Exception.--A township controller may not countersign a

warrant unless there is sufficient unencumbered money in the

respective appropriation item to pay for the amount expressed in

the warrant.

presented to the township controller to be countersigned, the

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person presenting the warrant shall, if the

township controller requires, produce evidence of all of the

following:

(1) The amount expressed in the warrant is due to the

person in whose favor the warrant is drawn.

(2) The supplies or services for payment of which the

warrant is drawn have been furnished or performed in

accordance with the laws of this Commonwealth and the terms

of the contract.

§ 3105. Prevention of appropriation overdrafts.

The township controller may not permit an appropriation made

by the board of commissioners to be overdrawn. If an

appropriation has been completely expended and the objective of

the appropriation has not been completed, the township

controller shall have all of the following duties:

(1) The township controller shall immediately issue a

report to the board of commissioners on the appropriation.

(2) The township controller shall include with the

report issued under paragraph (1) a statement of the money

which has been drawn on the appropriation and the particular

objective for which the money was drawn.

§ 3106. Amount of contracts to be charged against

appropriations.

(a) Contracts.--Before an item of appropriation takes effect

in a contract, the contract shall designate the item on which

the appropriation is founded and the estimated amount of the

expenditure which shall be charged against the item as certified

by the township controller on the contract. The payment required

by the contract shall be made from the fund for which the

contract is appropriated.

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(b) Liability.--If the township controller certifies a

contract in excess of the appropriation made, the township shall

not be liable for the excess amount. The township controller and

the township controller's surety shall be liable for the excess

amount of the appropriation, which may be recovered in a civil

action by the aggrieved contracting party.

for the payment of which a sufficient appropriation has been

made.

§ 3107. Management and improvement of township finances.

The township controller shall, as often as the township

controller may deem expedient or the board of commissioners

shall direct, suggest plans to the board of commissioners for

the management and improvement of the township finances.

§ 3108. Financial records to be kept by controller.

The township controller shall maintain financial records and

maintain as many accounts, under appropriate titles, as may be

necessary to show separately and distinctly all of the

following:

(1) The estates and property, real and personal, vested

in the township.

(2) The trusts in the care of the township.

(3) The debts due and owing the township.

(4) The receipts and expenditures of the various

departments of the township government.

(5) The appropriations made by the board of

commissioners and the sums under the appropriations.

§ 3109. Appeals from controller's report.

An appeal may be taken from the settlement and audit of the

controller as shown in the controller's report to the court of

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common pleas of the county by the same individual, in the same

manner, within the same time, subject to the same conditions and

procedures and with the similar effect in every respect as

provided under this part for an appeal from the settlement and

audit of the auditors as shown in their report.

§ 3 110. Controller to retain financial records, pending

appeals.

During the 45-day period elapsing between the date of filing

the controller's report and the expiration of the time for

filing the appeal from the report, a township controller shall

retain possession of all financial records and other papers that

were submitted to the controller for audit of the accounts of

township officers. If an appeal is taken under section 3109

(relating to appeals from controller's report), the controller

shall continue to hold the financial records and papers for

production in the proceeding to determine the appeal.

CHAPTER 33

TOWNSHIP SOLICITOR

Sec.

3301. Township solicitor.

3302. Control of legal matters.

3303. Duties of solicitor.

§ 3301. Township solicitor.

The board of commissioners may appoint and determine the

compensation of a township solicitor and, as needed, special

counsel. The township solicitor or special counsel shall be

licensed to practice law in this Commonwealth and may be an

individual or a law firm, partnership, association or

professional corporation. The township solicitor or special

counsel shall serve at the pleasure of the board of

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commissioners.

§ 3302. Control of legal matters.

(a) Legal matters.--Except if the board of commissioners has

appointed special counsel for a specific matter, the township

solicitor shall advise on the legal matters of the township.

(b) Additional counsel.--A department or officer of the

township, except as otherwise provided by the laws of this

Commonwealth, may not employ or retain additional counsel

without the consent or ratification of the board of

commissioners.

§ 3303 . Duties of solicitor.

The township solicitor or special counsel, as applicable,

shall have the following duties:

(1) Prepare or approve, if directed or requested by the

board of commissioners, bonds, obligations, contracts,

leases, conveyances, ordinances and assurances to which the

township, or any department of the township, may be a party.

(2) Commence and prosecute all actions brought by the

township for or on account of any of the estates, rights,

trusts, privileges, claims or demands of the township before

a court in this Commonwealth.

(3) Defend the township or a township officer against

all actions or suits brought against the township or township

officer in which any of the estates, rights, privileges,

trusts, ordinances or accounts of the township may be brought

in question before a court in this Commonwealth.

(4) Furnish the board of commissioners and the township

committees, upon request, with an opinion in writing upon a

question of law, which may be submitted by the board of

commissioners and the township committees in their official

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capacities.

(5) Perform any other professional act incident to the

office which the township solicitor or special counsel may be

authorized or required to perform by the board of

commissioners or by an ordinance or resolution.

CHAPTER 35

TOWNSHIP ENGINEER

Sec.

3501. Township engineer.

3502. Control of engineering matters.

3503. Duties and preparation of plans.

3504. Certificate of commencement and of completion of

municipal improvements.

3505. Surveys.

§ 3501 . Township engineer.

(a) Appointment.--The board of commissioners may appoint and

determine the compensation of a township engineer. The township

engineer shall serve at the pleasure of the board of

commissioners.

(b) Definition.--As used in this section, the term

"engineer" means a registered professional engineer or firm of

registered professional engineers.

§ 3502. Control of engineering matters.

(a) Engineering matters.--Except if the board of

commissioners has appointed an engineer for a specific matter,

the township engineer shall direct and control the engineering

matters of the township.

(b) Additional engineers.--A department or officer of the

township, except as otherwise provided by the laws of this

Commonwealth, may not employ or retain an additional engineer

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without the consent or ratification of the board of

commissioners.

§ 3503. Duties and preparation of plans.

The township engineer shall perform duties and provide

reports as the board of commissioners may direct for the

construction, reconstruction, maintenance and repair of streets,

bridges, culverts and other engineering work. The township

engineer may prepare plans, specifications and estimates of the

work undertaken by the township and shall furnish the board of

commissioners and the township committees with reports,

information or estimates on any township engineering work or on

questions submitted by the board of commissioners.

§ 3504. Certificate of commencement and of completion of

municipal improvements.

(a) Certification.--The township engineer shall certify, to

the township secretary, the date of commencement and date of

completion of a municipal improvement that, in whole or in part,

is to be paid by the owners of the abutting property. The

certification shall be made a part of the permanent records of

the township. The certified date of commencement and certified

date of completion shall be conclusive on all parties.

(b) Definition.--As used in this section, the term

"certified date of completion" means the date of the completion

of the whole contract for a municipal improvement.

§ 3505. Surveys.

The township engineer shall have the charge and direction of

all surveys and regulations authorized by a law of this

Commonwealth or an ordinance of the township.

CHAPTER 37

TOWNSHIP MANAGER

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Sec.

3701. Township manager.

3702. Powers, duties and agreements.

3703. Bonds.

3704. Incompatibility with office of township commissioner.

§ 3701. Township manager.

(a) Authorization.--The board of commissioners may establish

or abolish by ordinance the office of township manager. If the

board of commissioners establishes the office of township

manager, the board of commissioners may appoint an individual,

partnership, limited partnership, association or professional

corporation as the township manager.

(b) Nature of office.--The township manager shall serve at

the pleasure of the board of commissioners, subject to

contractual rights that may arise under an employment agreement

or professional services agreement that may be entered in

accordance with section 3702 (relating to powers, duties and

agreements).

§ 3702. Powers, duties and agreements.

(a) Regulations.--The powers and duties of the township

manager shall be regulated by ordinance. The board of

commissioners may delegate, subject to recall, any of the board

of commissioners' nonlegislative and nonjudicial powers and

duties to the township manager.

(b) Scope of agreement.--

(1) The board of commissioners may enter into an

employment agreement or professional services agreement with

the township manager that specifies the terms and conditions

of the appointment.

(2) An agreement under paragraph (1) may remain in

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effect for a specified period terminating no later than the

date of the board of commissioners' organizational meeting

following the next municipal election.

(3) An agreement under paragraph (1) executed on or

after a municipal election and before the board of

commissioners' first organizational meeting in January in the

year after the municipal election shall be void.

(4) An agreement under paragraph (1) may specify

conditions under which a township manager who is an

individual would be entitled to severance compensation, or

if the township manager is a partnership, limited

partnership, association or professional corporation,

payments for the termination of the appointment. An agreement

under paragraph (1) may not guarantee retention or employment

through the term of the agreement or confer upon the township

manager a legal remedy based on specific performance.

individual or a partnership, limited partnership, association or

professional corporation appointed as the township manager and

each officer and employee directly providing services as

required or authorized by an agreement under subsection (b)(1)

shall be considered a public official for purpose of 65 Pa.C.S.

§ 1103 (relating to restricted activities).

§ 3703. Bonds.

(a) Bond requirement.--The township manager shall, if

required by the board of commissioners, provide a bond to the

township. The township manager shall provide a bond under this

subsection with a surety company or other company authorized by

the laws of this Commonwealth to act as surety and approved by

the board of commissioners. The board of commissioners shall, by

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ordinance or resolution, provide for the sum of a bond under

this subsection conditioned for the faithful performance of the

township manager's duties.

(b) Insurance in lieu of bond.--In lieu of the bond required

for the faithful performance by the township manager of official

duties, the board of commissioners may purchase insurance as

provided in section 1902(b) (relating to bonds).

§ 3704. Incompatibility with office of township commissioner.

(a) Prohibition.--A township manager shall not be eligible

to hold the office of township commissioner.

(b) Applicability.--If the township manager is a

partnership, limited partnership, association or professional

corporation, the prohibition under subsection (a) shall apply to

each officer or employee who directly provides services as

required or authorized by the agreement under section 3702(b)(1)

(relating to powers, duties and agreements).

CHAPTER 39

VETERANS' AFFAIRS

Subchapter

A. Pennsylvania National Guard

B. Support of Veterans' Organizations and Memorials

SUBCHAPTER A

PENNSYLVANIA NATIONAL GUARD

Sec.

3901. Eminent domain for National Guard purposes.

3902. Land for armory purposes.

3903. Assistance to armories.

3904. Support of Pennsylvania National Guard units.

§ 3901. Eminent domain for National Guard purposes.

(a) Eminent domain.--Except as provided under subsection

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(b), the board of commissioners may take, by the right of

eminent domain for the purpose of appropriating to the township

for the use of the Pennsylvania National Guard, public lands,

easements and public property in the township's possession or

control and used or held by the township for any other purpose.

The board of commissioners may exercise eminent domain under

this subsection regardless of any limitation on the use of

public lands, easements and public property in a donation,

dedication, appropriation, ordinance or other document.

(b) Limitation.--The board of commissioners may not exercise

eminent domain under subsection (a) on a street, highway or

wharf.

§ 3902. Land for armory purposes.

(a) Armories.--Except as provided under subsection (b), the

board of commissioners may acquire, by purchase, gift or eminent

domain, land for the use of the Pennsylvania National Guard, to

be conveyed to the Commonwealth in order to assist the State

Armory Board in the erection of armories.

(b) Limitation.--The board of commissioners may not exercise

the power granted under subsection (a) to take church property

or other actual place of regularly stated religious worship, a

graveyard, cemetery or dwelling house or the curtilage of church

property or other actual place of regularly stated religious

worship, graveyard, cemetery or dwelling house in the actual

occupancy of the owner.

§ 3903. Assistance to armories.

(a) Appropriation or conveyance.--The board of commissioners

may appropriate money or convey land, either independently or in

conjunction with any other municipality, to the Commonwealth for

the following purposes:

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(1) To assist the State Armory Board in the erection of

armories for the use of the Pennsylvania National Guard.

(2) To furnish reasonable utilities free of cost to the

Commonwealth for use in an armory of the Pennsylvania

National Guard.

(b) Authorization.--The board of commissioners may take any

action necessary to accomplish the purposes specified under

subsection (a).

§ 3904. Support of Pennsylvania National Guard units.

(a) Annual appropriation.--The board of commissioners may

annually appropriate a sum not to exceed $1,500 for the support,

maintenance, discipline and training of a unit of the

Pennsylvania National Guard. If Pennsylvania National Guard

units are organized as a battalion, regiment or similar

organization, the total amount due under this subsection may be

paid to the commanding officer of the battalion, regiment or

similar organization.

(b) Condition.--Money appropriated under subsection (a)

shall be paid by warrant drawn to the order of the commanding

officer of the Pennsylvania National Guard unit conditioned upon

certification by the Adjutant General to the township that the

unit has satisfactorily passed the annual inspection provided by

State law.

shall be used and expended solely for the support, maintenance,

discipline and training of a company, battalion, regiment or

similar organization of the Pennsylvania National Guard.

(d) Accounting required.--

(1) The commanding officer of a company, battalion,

regiment or similar organization of the Pennsylvania National

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Guard shall account, by proper vouchers to the township each

year, for the expenditure of money appropriated under

subsection (a).

(2) An appropriation under subsection (a) may not be

made for any subsequent year until the expenditure of the

previous year is satisfactorily accounted for under paragraph

(1).

(3) The account of an expenditure of money appropriated

under subsection (a) shall be subject to the inspection of

the Department of Military and Veterans Affairs and shall be

audited by the Auditor General in accordance with the laws of

this Commonwealth.

SUBCHAPTER B

SUPPORT OF VETERANS' ORGANIZATIONS AND MEMORIALS

Sec.

3911. Appropriations to veterans' home associations.

3912. Memorial Day or Veterans' Day appropriations.

3913. Care of memorials.

3914. Purchase of burial grounds for deceased servicepersons.

§ 3911. Appropriations to veterans' home associations.

The board of commissioners may make an annual appropriation

not to exceed $300 for the support of a veterans' home

association that:

(1) provides a home or meeting facility within the

township for the use of United States war veterans; and

(2) is not maintained in whole or in part by the United

States or a governmental agency other than the township.

§ 3912. Memorial Day or Veterans' Day appropriations.

The board of commissioners may appropriate money for the

expenses of services for Memorial Day, Veterans' Day or a

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similar day provided for by Federal or State law.

§ 3913. Care of memorials.

(a) Maintenance and repair.--The board of commissioners may

maintain and keep in good order and repair, at the expense of

the township, a soldiers' monument, gun or carriage or similar

memorial if the memorial:

(1) is not in the charge or care of an individual, body

or organization; and

(2) was not erected by:

(i) the Federal Government, the Commonwealth or the

commissioners of the county; or

(ii) the direction or authority of another state.

(b) Donations.--The board of commissioners may receive money

from an individual or organization and may expend the money for

the benefit of memorials.

§ 3914. Purchase of burial grounds for deceased servicepersons.

The board of commissioners may appropriate money and purchase

plots of ground in a cemetery or burial ground for the interment

of deceased servicepersons:

(1) Who die within the township or die beyond the

township limits but had a legal residence within the township

at the time of death.

(2) Whose bodies are entitled to be buried by the county

under the provisions of existing law.

CHAPTER 41

POLICE

Sec.

4101. Appointment, compensation and training of police

officers.

4102. Special fire police.

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4103. Chief of police and other officers.

4104. Powers of police officers.

4105. Service of process and fees.

4106. Supervision of police.

4107. Badge.

4108. Compensation.

4109. Police pension fund.

4110. Private police pension funds and optional transfers.

4111. School crossing guards.

§ 4101. Appointment, compensation and training of police

officers.

(a) Number, rank and compensation.--Subject to the civil

service provisions of this part, the board of commissioners may

appoint and fix the number, rank and compensation of the members

of the township police force.

(b) Police services.--Subject to the requirements of 53

Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental

cooperation), the board of commissioners may provide for police

services:

(1) by municipal police officers under a contract;

( 2) through the purchase of police services; or

(3) by joining or developing a consolidated regional

police service.

commissioners may remove, suspend or demote a police officer:

(1) in accordance with the act of June 15, 1951

(P.L.586, No.144), entitled "An act regulating the

suspension, removal, furloughing and reinstatement of police

officers in boroughs and townships of the first class having

police forces of less than three members, and in townships of

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the second class"; or

(2) subject to Subchapter D of Chapter 19 (relating to

civil service for police and firefighters).

(d) Limitations.--

(1) A police officer may not at the same time hold a

public office other than constable, health officer or school

director of a school district situated within a county of the

second class.

(2) A police officer who holds the office of school

director in accordance with paragraph (1), whether contracted

or otherwise employed by the school district, may not serve

as a school police officer, as provided for in section 1302-C

of the act of March 10, 1949 (P.L.30, No.14), known as the

Public School Code of 1949.

(e) Campaigns.--A police officer may not participate in a

political or election campaign while on duty or in uniform or

while using township property other than to exercise the

officer's right of suffrage.

(f) Rules and regulations.--Except as provided in section

1936 (relating to rules and regulations), the board of

commissioners shall promulgate rules and regulations for the

organization of the police force.

(g) Training classes.--The board of commissioners may assign

the chief of police or another member of the police force to

attend training classes, which are offered by the Federal

Government, State or county government, and may pay a member's

expenses while attending the training classes.

§ 4102 . Special fire police.

The president of the board of commissioners may:

(1) Confirm a member of a volunteer fire company

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nominated to serve as special fire police under 35 Pa.C.S.

Ch. 74 Subch. D (relating to special fire police).

(2) Swear in or affirm special fire police officers.

§ 4103 . Chief of police and other officers.

The board of commissioners may designate the superintendent

or the chief of police and other officers who shall serve until

their successors are duly designated and qualified.

§ 4104. Powers of police officers.

A township police officer shall have those powers and duties

as are granted to police officers under the laws of this

Commonwealth, the rules of the Supreme Court or the ordinances

of the township. A fine or penalty may be imposed on the

township police officer for a violation of law.

§ 4105 . Service of process and fees.

A police officer may serve and execute criminal process

issued for the violation of a township ordinance and shall

charge the same fees and costs as pertain by law to a constable

of the township for similar services, but the fees and costs

shall be paid to the township treasurer for the use of the

township.

§ 4106. Supervision of police.

The chief of police and police officers shall obey the orders

of the board of commissioners or any other person or committee

as designated by ordinance or resolution of the board of

commissioners for that purpose.

§ 4107. Badge.

A township police officer, when on duty, shall wear a badge

or shield with the words "Township Police" and the name of the

township inscribed on the badge or shield.

§ 4108. Compensation.

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(a) Salaries.--A township that employs police officers shall

pay to all the police officers a fixed or stipulated salary.

(b) Fees or other compensation.--A police officer may not

ch arge or accept a fee or other compensation in addition to the

salary paid by the township for a service rendered or performed

by the police officer, except public rewards and the expenses

incurred in the discharge of the police officer's duties.

§ 4109. Police pension fund.

(a) Establishment.--If a township maintains a police force

of fewer than three full-time members, unless there is a private

organization or association constituting and managing an

existing pension fund for the members of the police force in the

township, the township shall, by ordinance, establish a police

pension fund to be maintained by member contributions of an

equal percentage charge against each member of the police force.

Except to the extent that section 607(c) of the act of December

18, 1984 (P.L.1005, No.205), known as the Municipal Pension Plan

Funding Standard and Recovery Act, applies, the member

contributions shall not annually exceed 4% of the pay of the

member.

(b) Investment or insurance instruments.--In lieu of

establishing a pension fund in accordance with subsection (a),

the township may, by ordinance, provide investment or insurance

instruments for the purpose of the payment of pensions or

annuities to the members of the police force who receive

honorable discharge by reason of age or disability and the

families of police officers injured or killed in service.

(1) All pension funds or investment or insurance

instruments established under this section shall be under the

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direction of the board of commissioners, or a committee as

the board of commissioners may designate, and shall be

applied under regulations as the board of commissioners may,

by ordinance, prescribe for the benefit of the members of the

police force who receive honorable discharge by reason of age

or disability and the families of police officers injured or

killed in service.

(2) The board of commissioners shall appoint by

resolution a chief administrative officer who shall have the

primary responsibility for the execution of the

administrative affairs of the pension plan, subject to the

direction of the board of commissioners.

(3) An allowance made to an individual who retires by

reason of disability or age shall be in conformity with a

uniform scale.

(d) Minimum service and age limit.--The ordinance

establishing the police pension fund may prescribe a minimum

period of continuous service of not less than 20 years and an

age limit after which members of the police force may be retired

from active duty and may be entitled to benefits of the fund.

(e) Charges.--Payments made on account of police pensions

shall not be a charge on any fund in the treasury of the

township or under the control of the township, except the police

pension fund.

(f) Contributions.--A township that establishes a police

pension fund under this section shall make contributions to the

police pension fund in an amount sufficient to meet the minimum

obligation of the municipality with respect to the pension plan

under the Municipal Pension Plan Funding Standard and Recovery

Act.

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(g) Donations.--A township may take, by gift, grant, devise

or bequest, money or property, whether real, personal or mixed,

in trust for the benefit of the police pension fund. The care,

management, investment and disposal of the trust funds or

property, whether real, personal or mixed, shall be vested in

the officers as the board of commissioners shall direct by

ordinance and shall be governed by the officers, subject to any

directions not inconsistent with the ordinance as the donors of

the trust funds and property may prescribe.

(h) Apportionment.--

(1) The basis of the apportionment of the pension

benefit shall:

(i) be determined by the rate of monthly pay of the

member at the date of death, honorable discharge or

retirement; and

(ii) not exceed in any year one-half the annual pay

of the member, computed at the member's monthly rate.

(2) An individual who participates in the police pension

fund and becomes entitled to receive a benefit from the fund

shall not be deprived of the individual's right to an equal

and proportionate share of the fund upon the basis upon which

the individual first became entitled to the benefit.

(i) (Reserved).

(j) Effect of other laws.--The act of May 29, 1956 (1955

P.L.1804, No.600), referred to as the Municipal Police Pension

Law, or the act of February 1, 1974 (P.L.34, No.15), known as

the Pennsylvania Municipal Retirement Law, shall govern a

township police pension fund not established under the

provisions of this section.

§ 4110. Private police pension funds and optional transfers.

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(a) Transfer authorization.--If there is a private

organization or association constituting and managing an

existing pension fund for the members of the police force in a

township, the township shall establish a police pension fund for

the purpose of paying pensions to the members of the police

force if the membership of the organization or association, by a

two-thirds vote, elects to transfer its funds with all its

assets and liabilities into a township police pension fund as

required to be established by this part.

(b) Securities and assumption of liability.--The transfer

under subsection (a) may be made by the transfer of securities.

After the transfer, the township police pension fund shall

assume the liability of continuing the payment of pensions to

members of the police force retired prior to the transfer in

accordance with the laws and regulations under which the members

were retired.

§ 4111. School crossing guards.

(a) Appointment, service, pension eligibility and

compensation.--

(1) The board of commissioners, by resolution, may

appoint school crossing guards who shall be authorized only

to manage traffic and pedestrians at or near schools while

the school crossing guards are in uniform.

(2) School crossing guards:

(i) Shall serve at the pleasure of the board of

commissioners, except as provided in subsection (b).

(ii) Shall not be subject to the civil service

provisions of this title.

(iii) Shall not be eligible to join a township

pension fund.

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(3) The compensation of the school crossing guards, if

any, shall be fixed by the board of commissioners and shall

be paid by the board of commissioners, or jointly by the

board of commissioners and the board of school directors, in

a ratio to be determined by the boards. If the board of

commissioners and board of school directors are unable to

determine the ratio of compensation of the school crossing

guards to be paid by each board, each board shall pay one-

half of the compensation of the school crossing guards.

(b) Authorization for board of school directors.--

(1) The board of commissioners may adopt a resolution

allowing a board of school directors to assume hiring and

oversight of school crossing guards. Before the board of

commissioners adopts the resolution, the board of directors

of the school district must adopt a resolution requesting

authority from the board of commissioners to assume the

hiring and oversight of school crossing guards.

(2) The resolution adopted by the board of commissioners

shall outline the manner in which the police department will

provide necessary training and assistance of the school

crossing guards while on duty.

(3) The school crossing guards shall be authorized only

to manage traffic and pedestrians in and around areas

identified by the police department and the school district

superintendent or the superintendent's designees.

(4) The school crossing guards shall not be:

(i) Subject to the civil service provisions of this

title.

(ii) C onsidered part of the bargaining unit of the

school district.

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(iii) Considered any of the following:

(A) An employee as defined under section 1101-A

of the act of March 10, 1949 (P.L.30, No.14), known

as the Public School Code of 1949.

(B) A school employee as defined under 24

Pa.C.S. § 8102 (relating to definitions).

district pension or benefit plan.

(5) After the resolution is adopted by the board of

commissioners, the school district shall assume the cost of

compensation, including fixing compensation, if any, of the

school crossing guards.

( 6) Notwithstanding any other provision of law,

auxiliary police officers appointed as prescribed by law may

be hired by the school district to serve as school crossing

guards.

(7) The board of school directors shall notify the board

of commissioners of the individuals hired to serve as school

crossing guards and request that the necessary training or

assistance be provided as specified in the resolution adopted

by the board of commissioners.

CHAPTER 43

CORPORATE POWERS

Sec.

4301. Suits and property.

4302. Real property.

4303. Personal property.

4304. Exceptions.

4305. Surcharge from sale or lease.

4306. General powers.

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4307. Specific powers.

4308. Officers, positions and departments.

4309. Police force.

4310. Lockup facilities.

4311. Rewards.

4312. Disorderly conduct.

4313. Public safety.

4314. Fire protection.

4315. Building and housing regulations.

4316. Numbering buildings.

4317. Regulation of business.

4318. Nuisances and dangerous structures.

4319. Municipal waste.

4320. Fireworks and inflammable articles.

4321. Smoke regulations.

4322. Prohibition of fire-producing devices and smoking.

4323. Animals.

4324. Regulation of foundations, party walls and partition

fences.

4325. Ambulances and rescue and lifesaving services.

4326. Display of flags.

4327. Health and cleanliness regulations.

4328. Public facilities.

4329. Hospital appropriations.

4330. Community nursing services.

4331. Parking and parking lots.

4332. Appropriations for certain streets.

4333. Airports.

4334. Appropriations for airports.

4335. Purchase and planting of trees.

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4336. Intergovernmental cooperation.

4337. Widening and deepening of watercourses.

4338. Regulation of charges.

4339. Street, sewer and sidewalk regulations.

4340. Capital reserve fund.

4341. Operating reserve fund.

4342. Surplus foods.

4343. Industrial promotions.

4344. Nondebt revenue bonds.

4345. Historical properties.

4346. Insurance.

4347. Appropriations for urban common carrier mass

transportation.

4348. Open burning.

4349. Community development.

4350. Observances and celebrations.

4351. Building hospitals.

4352. Tourist promotion agencies.

4353. Sale of real or personal property to nonprofit medical

service corporation.

4354. Sale of real or personal property to nonprofit housing

corporation.

4355. Nonprofit art corporations.

4356. Neighborhood crime watch programs.

4357. Drug and alcohol abuse programs.

4358. Watershed associations.

4359. Emergency services.

4360. Mines and quarries.

4361. Conservation district.

4362. Electricity.

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4363. Storm water.

4364. Validity of township records and recording or

transcribing of township records.

§ 4301. Suits and property.

A township may:

(1) Sue and be sued.

( 2) Have and use a corporate seal and alter the seal.

(3) Purchase, exchange, acquire by gift or otherwise,

hold, lease, let and convey, by sale or lease, real and

personal property deemed to be in the best interest of the

township subject to the restrictions, limitations or

exceptions as specified in this part.

§ 4302 . Real property.

(a) When advertisement required.--Real estate owned by the

township may not be sold for a consideration in excess of $6,000

except to the highest bidder after due notice by advertisement

for bids or advertisement of a public auction.

(b) Advertisement requirements.--The advertisement shall be

published once in one newspaper of general circulation not fewer

than 10 days prior to the date scheduled for the opening of bids

or public auction. The date for opening bids or public auction

shall be announced in the advertisement.

(1) The award of contracts shall be made only by public

announcement at a regular or special meeting of the board of

commissioners or at the public auction.

(2) A bid shall be accepted on the condition that

payment of the purchase price in full shall be made within 60

days of the acceptance of a bid unless otherwise specified in

the bid advertisement.

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(3) If no compliant bids are received after

advertisement, the applicable procedures in the act of

October 27, 1979 (P.L.241, No.78), entitled "An act

authorizing political subdivisions, municipality authorities

and transportation authorities to enter into contracts for

the purchase of goods and the sale of real and personal

property where no bids are received," shall be followed.

(d) Fair market value.--The board of commissioners shall

have the authority to reject all bids if the bids are deemed to

be less than the fair market value of the real property. In the

case of a public auction, the board of commissioners may

establish a minimum bid based on the fair market value of the

real property.

(e) When advertisement not required.--Real estate owned by a

township may be sold for a consideration of $6,000 or less

without advertisement or competitive bidding only after the

board of commissioners estimates the value of the property upon

receipt of an appraisal by a qualified real estate appraiser.

Prior to selling real estate valued at $6,000 or less without

advertisement or competitive bidding, the board of commissioners

shall make a public announcement of the board's intention to

sell the real estate at a regular or special meeting of the

board at least 30 days prior to the sale.

(f) Exchanges.--

(1) Notwithstanding this section, the board of

commissioners shall have the authority to exchange real

property for real property of equal or greater value without

complying with this section if the property being acquired by

the township is to be used for municipal purposes. For

purposes of this paragraph, "municipal purposes" include a

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subsequent sale or lease of the property to any of the

entities listed in section 4304 (relating to exceptions) .

(2) A conveyance of real property acquired in an

exchange to an entity listed in section 4304 may contain a

clause under which the lands and buildings will revert to the

township if they are no longer being used for the purposes of

the entity.

( 3) If the board of commissioners chooses to exercise

its power of real property exchange under this section, it

shall be by resolution adopted by the board of commissioners.

Notice of the resolution, including a description of the

properties to be exchanged, shall be published once in one

newspaper of general circulation not more than 60 days nor

fewer than seven days prior to adoption.

(4) Participation in a real property exchange may not

prohibit the application of the requirements of the act of

October 4, 1978 (P.L.851, No.166), known as the Flood Plain

Management Act.

§ 4303 . Personal property.

(a) Approval, fair market value and advertisement.--Except

as provided in subsection (d), township personal property may

not be disposed of, by sale or otherwise, except upon approval

of the board of commissioners. The following apply:

(1) If the board of commissioners approves a sale of

property, the board of commissioners shall estimate the fair

market value of the entire lot to be disposed of.

(2) If the board of commissioners estimates the fair

market value to be $2,000 or more, the entire lot shall be

advertised for sale once, in at least one newspaper of

general circulation, not fewer than 10 days prior to the date

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fixed for the opening of bids or public auction. The date of

opening of bids or public auction shall be announced in the

advertisement, and sale of the property advertised shall be

made to the highest bidder.

(b) Online or electronic sales.--A public auction of

personal property may be conducted by means of an online or

electronic auction sale. The following apply:

(1) During an electronic auction sale, bids shall be

accepted electronically at the time and in the manner

designated in the advertisement.

(2) During the electronic auction, each bidder shall

have the capability to view the bidder's bid rank or the high

bid price. The bidder may increase the bidder's bid price

during the electronic auction.

(3) The record of the electronic auction shall be

accessible for public inspection.

(4) The purchase price shall be paid by the highest

bidder immediately or at a reasonable time after the

conclusion of the electronic auction as determined by the

board of commissioners.

(5) Any incurred shipping costs shall be paid by the

highest bidder.

(6) A township that has complied with the advertising

requirements of this section may provide additional public

notice of the sale by bids or public auction in any manner

deemed appropriate by the board of commissioners.

(7) The advertisement for electronic auction sales

authorized in this section shall include the Internet address

or means of accessing the electronic auction and the date,

time and duration of the electronic auction.

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reject any bids received if the bids are believed to be less

than the fair market value of the property. If no compliant bids

are received after advertisement, the applicable procedures in

the act of October 27, 1979 (P.L.241, No.78), entitled "An act

authorizing political subdivisions, municipality authorities and

transportation authorities to enter into contracts for the

purchase of goods and the sale of real and personal property

where no bids are received," shall be followed.

(d) Surplus personal property.--The board of commissioners

shall, by resolution, adopt a procedure for the sale of surplus

personal property, either individual items or lots of items, of

an estimated fair market value of less than $2,000. The approval

of the board of commissioners shall not be required for an

individual sale that is made in conformity with the procedure.

(e) Trades or exchanges.--The provisions of this section

shall not be mandatory if township personal property is to be

traded in or exchanged for new or used personal property being

acquired by the township, except that the trade or exchange

shall be by resolution.

§ 4304. Exceptions.

(a) Advertising and highest bidder.--Nothing under this

chapter requiring advertising for bids or sale at public auction

and sale to the highest bidder shall apply if township real or

personal property is to be sold to any of the following:

(1) A county, city, borough, town, township, institution

district, school district, volunteer fire company, volunteer

ambulance service or volunteer rescue squad located within

the township.

( 2) A council of government, consortium, cooperative or

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other similar entity created under 53 Pa.C.S. Ch. 23 Subch. A

(relating to intergovernmental cooperation).

(3) An authority as defined in 53 Pa.C.S. § 5602

(relating to definitions) or an authority or industrial and

commercial development authority as defined in section 3 of

the act of August 23, 1967 (P.L.251, No.102), known as the

Economic Development Financing Law.

(4) A nonprofit corporation engaged in community,

industrial, commercial or affordable housing development or

reuse.

(5) A person for the person's exclusive use in an

industrial development program.

(6) A nonprofit corporation organized as a public

library.

(7) A nonprofit medical service corporation as

authorized by section 4353 (relating to sale of real or

personal property to nonprofit medical service corporation).

(8) A nonprofit housing corporation as authorized under

section 4354 (relating to sale of real or personal property

to nonprofit housing corporation).

(b) Nominal consideration.--If real property is to be sold

to a nonprofit corporation organized as a public library, to a

nonprofit medical service corporation or to a nonprofit housing

corporation, the board of commissioners may elect to accept

nominal consideration for the sale as the board deems

appropriate.

volunteer fire company, volunteer ambulance service, volunteer

rescue squad, nonprofit medical service corporation or nonprofit

housing corporation shall be subject to the condition that when

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the property is not used for the purposes of the company,

service, squad or corporation, the property shall revert to the

township.

§ 4305 . Surcharge from sale or lease.

A commissioner who votes in favor of or knowingly

participates in the sale or lease of township real or personal

property in violation of this chapter is subject to a surcharge

to the extent of any loss or injury to the township as a result

of the sale or lease.

§ 4306 . General powers.

The board of commissioners may make and adopt ordinances,

bylaws, rules and regulations not inconsistent with or

restrained by the Constitution and laws of this Commonwealth as

may be expedient or necessary for:

(1) The proper management, care and control of the

township and the township's finances.

(2) The maintenance of peace, good government and

welfare of the township and the township's trade, commerce

and manufactures.

§ 4307 . Specific powers.

The corporate power of a township of the first class shall be

vested in a board of commissioners. The following apply:

(1) In the exercise of specific powers involving the

enactment of an ordinance, passage of a resolution or the

making of a regulation, restriction or prohibition, the

township may provide for enforcement and penalties for

violations.

(2) The specific powers of the township shall include

the powers provided under this chapter.

§ 4308. Officers, positions and departments.

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(a) Creation and compensation.--The board of commissioners

may create an office, position or department that the board

deems necessary for the good of government and interests of the

township and may fix the compensation of appointed individuals.

(b) Employees.--The board of commissioners may provide for

and regulate the manner of hiring and discharging employees and

the fixing of salaries or compensation, consistent with

applicable Federal and State law.

§ 4309 . Police force.

The board of commissioners may establish, equip, maintain and

define the duties of a police force.

§ 4310 . Lockup facilities.

The board of commissioners may provide for lockup facilities

in the township for the temporary detention and confinement of

individuals.

§ 4311 . Rewards.

The board of commissioners may offer rewards for information

leading to the arrest and conviction of an individual guilty of

a crime within the township.

§ 4312 . Disorderly conduct.

The board of commissioners may, by ordinance, prohibit

disorderly conduct within the limits of the township and provide

for the imposition of penalties for the conduct in accordance

with this part. An enacted ordinance shall define disorderly

conduct in a manner substantially similar to the provisions of

18 Pa.C.S. § 5503 (relating to disorderly conduct).

§ 4313 . Public safety.

The board of commissioners may take all necessary means to

secure the safety of persons or property within the township.

§ 4314 . Fire protection.

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The board of commissioners may:

(1) Appropriate money for the use of the township or to

fire companies providing fire protection to the township for

the purchase, operation and maintenance of fire engines and

fire apparatus and for the construction, repair and

maintenance of fire stations.

(2) Contract with or make grants to near or adjacent

municipal corporations or volunteer fire companies for fire

protection in the township.

(3) By ordinance or resolution, make rules and

regulations for the government of fire companies providing

fire protection to the township and their officers.

§ 4315 . Building and housing regulations.

In addition to other remedies provided by law, the board of

commissioners may enact and enforce suitable ordinances relating

to building and housing regulations in accordance with Chapter

75 (relating to Uniform Construction Code, property maintenance

code and reserved powers).

§ 4316 . Numbering buildings.

The board of commissioners may, by ordinance, require and

regulate the numbering of buildings and lots.

§ 4317 . Regulation of business.

To provide for the prohibition, licensing and regulation of

business, a board of commissioners may:

(1) In addition to licensing in accordance with Chapter

71 (relating to licenses and license fees) , prohibit, license

and regulate by ordinance the following:

(i) The carrying on of any manufacture, art or

business that may be noxious or offensive and prejudicial

to the public health or safety of the inhabitants.

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(ii) The establishment and maintenance of junk

yards, salvage yards and other places used and maintained

for the collection, storage and disposal of used or

second-hand goods and materials.

(iii) With respect to marketplaces:

(A) Regulating markets, whether for individual

use or for resale.

(B) Purchasing and owning ground.

marketplaces for which parts of a street or sidewalk

may be temporarily used.

(D) Contracting with a person for the erection,

maintenance and regulation of marketplaces, on terms

and conditions and in a manner as the board of

commissioners prescribes.

(E) Providing and enforcing suitable regulations

respecting marketplaces.

(F) Providing for the payment of the cost or

expense of marketplaces, either in whole or in part,

out of the funds of the township.

(G) Levying and collecting a suitable license

fee from each person who may be authorized by the

board of commissioners to occupy a portion of a

marketplace or a portion of a street or sidewalk for

temporary market purposes.

(2) Notwithstanding paragraph (1), prohibit, license and

regulate businesses unless prohibited by law.

(3) Issue licenses under the act of July 31, 1963

(P.L.410, No.217), entitled "An act regulating and licensing

all sales at retail when such sales are advertised as

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'Closing Out Sale,' 'Fire, Smoke or Water Damage Sale,' or

'Defunct Business Sale,' with exceptions; requiring filing of

inventory and bond; and providing for appeals and penalties."

§ 4318 . Nuisances and dangerous structures.

(a) Authorization.--A board of commissioners may prohibit

and remove a nuisance or dangerous structure on public or

private grounds, including, weeds, accumulations of municipal

waste, the storage of abandoned or junked automobiles and

obstructions or nuisances in the streets of the township.

(b) Powers.--The board of commissioners may:

(1) require the removal of a nuisance or dangerous

structure by the owner or occupier of the grounds; or

( 2) in default of the removal by the owner or occupier

of grounds under paragraph (1), remove the nuisance or

dangerous structure itself and collect the cost of removal,

together with a penalty of 10% of the cost, in the manner

provided by law for the collection of municipal claims, or by

action of assumpsit without the filing of a claim, or the

township may seek relief by bill in equity.

§ 4319 . Municipal waste.

(a) Authorization.--In the manner authorized by the act of

July 7, 1980 (P.L.380, No.97), known as the Solid Waste

Management Act, and the act of July 28, 1988 (P.L.556, No.101),

known as the Municipal Waste Planning, Recycling and Waste

Reduction Act, a board of commissioners may prohibit

accumulations of municipal waste on public and private property,

including the imposition and collection of reasonable fees and

charges for the collection, removal and disposal of the

municipal waste. As used in this subsection, "municipal waste"

shall have the same meaning as given to the term in the

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Municipal Waste Planning, Recycling and Waste Reduction Act.

(b) Collection and removal.--

(1) The board of commissioners may collect and remove,

by contract or otherwise, municipal waste and recyclable

materials and prescribe penalties for the enforcement of the

collection and removal.

( 2) Except as provided in paragraph (3), a contract with

refuse haulers may be made for an initial period not

exceeding five years with optional renewal periods of up to

five years.

(3) Paragraph (2) shall not apply to a contract with

another political subdivision or with a municipal authority.

(1) The board of commissioners may dispose of, by

contract or otherwise, municipal waste.

( 2) Except as provided in paragraph (3), a contract with

the owner of a private facility for the disposal or

incineration of municipal waste may be made for a period not

to exceed 20 years.

(3) Paragraph (2) shall not apply to a contract with

another political subdivision or with a municipal authority.

(d) Powers.--The board of commissioners may:

(1) Acquire real property and erect, maintain, improve,

operate and lease, either as lessor or lessee, facilities for

incineration, landfill or other methods of disposal, either

inside or outside the limits of the township, including

equipment, either separately or jointly, with another

political subdivision or with a municipal authority to

provide for any of the following:

(i) The collection, removal, disposal and

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destruction of municipal waste.

(ii) The collection and storage of recyclable

materials.

(iii) The composting of leaf and yard waste.

(2) Provide for the payment of the cost, either in whole

or part, out of the funds of the township.

( 3) Acquire land for landfill purposes and maintain

lands and places for the dumping of municipal waste.

(e) Rates and charges.--The board of commissioners may

establish, alter, charge and collect rates and other charges for

any of the following:

(1) The collection, removal and disposal of municipal

waste and recyclable materials.

(2) The cost of including the payment of indebtedness

incurred for the construction, purchase, improvement, repair,

maintenance and operation of facilities for collection,

removal and disposal.

(3) The amount due under a contract with another

political subdivision or with a municipal authority

furnishing the services or facilities.

(f) Funding.--The board of commissioners may make

appropriations to another political subdivision or a municipal

authority out of the township's general funds, or out of any

other available funds, for the construction, purchase,

improvement, repair, maintenance and operation of a facility for

the collection, removal, disposal or marketing of municipal

waste, recyclable materials or composted leaf and yard waste.

(g) Recycling.--A township shall not be subject to

requirements otherwise imposed by law for the sale of personal

property owned by the township when selling recyclable materials

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or materials separated, collected, recovered or created by

recycling, as provided in the act of April 9, 1992 (P.L.70,

No.21), entitled "An act excluding the sale of recyclable

material from political subdivision personal property sale

restrictions relating to advertising and bidding."

§ 4320 . Fireworks and inflammable articles.

In conformity with Federal and State laws and regulations,

the board of commissioners may, with respect to fireworks and

inflammable articles:

(1) Regulate and prohibit, by ordinance, the manufacture

of fireworks or inflammable or dangerous articles.

( 2) Grant permits for display fireworks and adopt rules

and regulations governing the displays.

(3) Adopt, by ordinance, rules and regulations relating

to the storage of inflammable articles.

(4) Impose, by ordinance, other safeguards concerning

fireworks and inflammable articles as may be necessary for

the health, safety and welfare of the public.

§ 4321 . Smoke regulations.

The board of commissioners may regulate the emission of smoke

from chimneys, smokestacks and other sources, except locomotive

smokestacks, to the extent that the regulation is not otherwise

prohibited by applicable Federal or State law.

§ 4322 . Prohibition of fire-producing devices and smoking.

The board of commissioners may prohibit and regulate the

smoking or carrying of lighted cigarettes, cigars, pipes or

matches and the use of matches or fire-producing devices. An

ordinance enacted or regulation or resolution adopted under this

section shall not regulate smoking in a manner that conflicts

with the act of June 13, 2008 (P.L.182, No.27), known as the

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Clean Indoor Air Act.

§ 4323 . Animals.

The board of commissioners may prohibit or regulate, by

ordinance, the following:

(1) The running at large of dogs and direct the seizure,

detention or euthanization of dogs running at large,

including reasonable associated charges, and provide for the

sale of the dogs for the benefit of the township.

(2) The running at large of other animals and authorize

their seizure and detention, including reasonable associated

charges, and provide for sale of the animals for the benefit

of the township.

§ 4324. Regulation of foundations, party walls and partition

fences.

(a) General rule.--Subject to the provisions of and

regulations adopted under the act of November 10, 1999 (P.L.491,

No.45), known as the Pennsylvania Construction Code Act, and

other applicable law, the board of commissioners may provide

regulations for foundations, party walls and partition fences.

(b) Fees authorized.--The board of commissioners may

prescribe and enforce reasonable fees for the services of its

officers and agents in the adjustment of party walls, partition

fences and similar items.

§ 4325. Ambulances and rescue and lifesaving services.

The board of commissioners may:

(1) Acquire, operate and maintain motor vehicles for the

purposes of transporting sick and injured individuals to and

from hospitals.

(2) Appropriate funds toward ambulance and rescue and

lifesaving services.

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(3) Enter into contracts relating to rescue and

lifesaving services.

§ 4326. Display of flags.

The board of commissioners may display the flag of the United

States or the Commonwealth, the official POW/MIA flag or the

flag of a county or municipal corporation in this Commonwealth

on any public building or grounds of the township.

§ 4327. Health and cleanliness regulations.

The board of commissioners may make regulations as necessary

for the health, safety, morals, general welfare, cleanliness,

beauty, convenience and comfort of the township and its

inhabitants.

§ 4328. Public facilities.

The board of commissioners may acquire property for the

purposes of providing, maintaining and operating public

facilities, such as comfort and waiting stations, drinking

fountains and watering troughs.

§ 4329. Hospital appropriations.

The board of commissioners may, in townships having a

population of 2,000 inhabitants or more, appropriate money for

the support of an incorporated hospital that is engaged in

charitable work and extends treatment and medical attention to

the residents of the township.

§ 4330. Community nursing services.

The board of commissioners may appropriate money annually to

nonprofit associations or corporations that provide for:

(1) community nursing services for the elderly and other

needy persons;

(2) the control of communicable disease;

(3) the immunization of children;

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(4) the operation of child health centers; or

(5) instructive visits to parents of new babies

beginning in the prenatal period and family health guidance,

including nutrition and detection and correction of defects.

§ 4331. Parking and parking lots.

(a) General rule.--The board of commissioners may:

(1) Regulate parking and parking lots and provide

parking accommodations to promote the convenience and

protection of the public.

(2) Establish or designate, at the board's discretion,

areas exclusively reserved for parking by handicapped

individuals and post signs regulating the areas.

(3) Erect parking meters and regulate parking meter

charges.

(4) Acquire by gift, purchase, lease or eminent domain,

lands that the board deems necessary or desirable for the

purpose of establishing and maintaining parking lots.

(5) Plan, design, locate, hold, construct, improve,

maintain, operate, own or lease, either in the capacity of

lessor or lessee, and install facilities and equipment on any

land to be devoted to the parking of vehicles.

(b) Fines and fees.--Consistent with 75 Pa.C.S. (relating to

vehicles), the right to regulate the use of the lots shall

include the right to impose fines and fees for violation of any

law or ordinance regulating parking.

to limit statutory and regulatory protections and prohibitions

relating to the rights of individuals with disabilities.

§ 4332. Appropriations for certain streets.

The board of commissioners may appropriate money annually for

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improvements to a street which is located wholly or partially

within the township and has been adversely affected by parking

availability as determined by the board.

§ 4333. Airports.

(a) Acquisition of land.--A township may acquire by grant,

lease, purchase or condemnation proceedings, subject to the

limitations in 26 Pa.C.S. § 206 (relating to extraterritorial

takings), any land lying either within or without the limits of

the township which, in the judgment of the board of

commissioners, may be necessary and desirable for the purpose of

establishing and maintaining a municipal airport, landing field,

intermediate landing field, aviation easement or other airport

facility.

(b) Operation and maintenance.--

(1) A township acquiring land under this section may

establish, equip, condition, operate and maintain the land as

a municipal airport, landing field, intermediate landing

field, aviation easement or other airport facility and may

lease the land, or any part, to an individual or corporation

desiring to use the land for aviation purposes.

(2) A township may enter into a contract in the form of

a lease providing for the use of the land, or any part, by

the Federal Government for the Federal Government's use of

the land for aviation purposes upon nominal rental or without

consideration.

accordance with this section, a township may acquire land

jointly with another municipality for aviation purposes and may

jointly establish, operate and maintain a municipal airport,

landing field, intermediate landing field, aviation easement or

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other airport facility on the jointly acquired land in

accordance with 53 Pa.C.S. Ch. 23 Subch. A (relating to

intergovernmental cooperation).

§ 4334. Appropriations for airports.

The board of commissioners may appropriate money to assist a

municipality or municipal airport authority to acquire,

establish, operate and maintain air navigation facilities lying

either within or without the limits of the township.

§ 4335. Purchase and planting of trees.

The board of commissioners may accept, purchase and plant, or

contribute to the purchase and planting of, shade trees and

shrubs along the streets, highways and sidewalks of the township

and exercise care, custody and control of shade trees in

accordance with Chapter 73 (relating to parks, recreation

centers, shade trees and forests).

§ 4336. Intergovernmental cooperation.

The board of commissioners may enter into agreements under 53

Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental

cooperation) with the following:

(1) Other political subdivisions, in accordance with

existing laws, to:

(i) make joint purchases of materials, supplies or

equipment; and

(ii) perform governmental powers, duties and

functions.

(2) The proper authorities of municipal corporations,

regional police or fire forces or other public safety or

governmental entities created by two or more municipal

corporations under 53 Pa.C.S. Ch. 23 Subch. A, for:

(i) mutual aid or assistance in police and fire

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protection or other public safety services or for the

furnishing to or receiving from the municipal

corporations or governmental entities police and fire

protection or other public safety service; and

(ii) making appropriations for public safety

services.

(3) In connection with an agreement under paragraph (2)

for police or fire protection or other public safety

services, the township shall not be required to advertise for

bids or receive bonds as required for contracts under

existing law. When an agreement has been entered into, the

police, firefighters, fire police or other public safety

services of the employing municipal corporation or

governmental entity shall have the powers and authority

conferred by law on police, firefighters, fire police or

other public safety services in the territory of the

municipal corporation that has contracted to secure the

service.

§ 4337. Widening and deepening of watercourses.

(a) General rule.--After permits have been secured from all

applicable agencies, the board of commissioners or an agent or

employee of the board may widen and deepen a watercourse running

through the township and erect dykes, retaining walls and

embankments along the watercourse as necessary to prevent water

from overflowing the watercourse's banks.

(b) Entry on and condemnation of land.--For purposes under

subsection (a), a township may enter and condemn property as may

be necessary. A township may enter land lying near the

watercourse and secure materials as may be necessary in

connection with the work. Damages for property taken, injured or

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destroyed as the result of the work shall be fixed and

determined as provided under 26 Pa.C.S. (relating to eminent

domain).

effectuate this section.

§ 4338. Regulation of charges.

The board of commissioners may make and regulate charges for

the use of township facilities.

§ 4339. Street, sewer and sidewalk regulations.

(a) General rule.--The board of commissioners may:

(1) Regulate the streets, sewers, public squares, common

grounds, sidewalks, curbs, gutters, culverts and drains

within the township.

(2) Regulate the heights, grades, widths, slopes and

construction of an item listed under paragraph (1).

(3) Grant rights for the installation and maintenance of

public utilities in the streets, including pipes, wires,

fibers, cables or other utility or service medium.

(b) Compliance and applicability of law.--The power granted

under subsection (a) shall be exercised in compliance with

Federal and State law and shall be subject to the power of the

Pennsylvania Public Utility Commission under 66 Pa.C.S. Pt. I

(relating to public utility code) to regulate the business,

facilities and service of public utilities, including

determining the location and installation of utility facilities.

§ 4340. Capital reserve fund.

The board of commissioners may establish and maintain a

separate capital reserve fund for anticipated legal capital

expenditures subject to the following:

(1) The fund shall be designated for a specific purpose

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or purposes when established.

(2) The money in the fund shall be used for the

construction, purchase or replacement of or addition to

municipal buildings, equipment, machinery, motor vehicles or

other capital assets of the township as specified at the time

the fund was established and for no other purpose unless the

commissioners, by a four-fifths vote, declare that the

original purpose or purposes have become impracticable,

inadvisable or impossible, or that conditions in the township

make other capital expenditures more urgent than those for

which the fund was established.

(3) The board of commissioners may appropriate money

from the general township fund to be paid into the capital

reserve fund, or place in the capital reserve fund money

received from the sale, lease or other disposition of

township property or from another source unless received or

acquired for a particular purpose.

(4) The fund shall be controlled, invested, reinvested

and administered and the money and any income derived from

the fund expended for a purpose for which the fund was

established in a manner determined by the board of

commissioners.

(5) The money in the fund, when invested, shall be

invested in securities designated by 53 Pa.C.S. Pt. VII

Subpt. B (relating to indebtedness and borrowing) as legal

investments for sinking funds of municipalities.

§ 4341. Operating reserve fund.

(a) General rule.--The board of commissioners may create and

maintain a separate operating reserve fund in order to:

(1) Minimize future revenue shortfalls and deficits.

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(2) Provide greater continuity and predictability in the

funding of vital government services.

(3) Minimize the need to increase taxes to balance the

budget in times of fiscal distress.

(4) Provide the capacity to undertake long-range

financial planning and to develop fiscal resources to meet

long-term needs.

(b) Limitation on appropriations.--The board of

commissioners may annually make appropriations from the general

township fund to the operating reserve fund, but no

appropriation may be made to the operating reserve fund if the

effect of the appropriation would cause the operating reserve

fund to exceed 25% of the estimated revenues of the township's

general fund in the current fiscal year.

any time by resolution, make appropriations from the operating

reserve fund for the following purposes only:

(1) Meet emergencies involving the health, safety and

welfare of the residents of the township.

(2) Counterbalance potential budget deficits resulting

from shortfalls in anticipated revenues or program receipts

from any source.

(3) Counterbalance potential budget deficits resulting

from increases in anticipated costs for goods or services.

(4) Provide anticipated operating expenditures related

either to the planned growth of existing projects or programs

or to establish new projects or programs if, for a project or

program, appropriations have been made and allocated to a

separate restricted account established within the operating

reserve fund.

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(d) Investment authorized.--The operating reserve fund shall

be invested, reinvested and administered in a manner consistent

with the provisions of section 4905 (relating to investment of

township funds).

§ 4342. Surplus foods.

The board of commissioners may make an appropriation for the

handling, storage and distribution of surplus foods obtained

through a Federal, State or local agency.

§ 4343. Industrial promotions.

The board of commissioners may make appropriations to an

industrial development agency.

§ 4344. Nondebt revenue bonds.

(a) General rule.--The board of commissioners may issue

nondebt revenue bonds under 53 Pa.C.S. Pt. VII Subpt. B

(relating to indebtedness and borrowing) to provide sufficient

money for and toward the acquisition, construction,

reconstruction, extension or improvement of:

(1) Municipal facilities, including water systems or

facilities.

(2) Sewers, sewer systems and sewage disposal systems or

facilities.

(3) Systems for the treatment or disposal of garbage and

refuse.

(4) Aeronautical facilities, including airports,

terminals and hangars.

(5) Park and recreational facilities, including parking

lots.

(b) Sources of security for nondebt revenue bonds.--Nondebt

revenue bonds issued under subsection (a) shall be secured

solely by the pledge of the whole or part of the rent, toll or

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charge for the use or services of the facilities.

be any costs and expenses incident to constructing and financing

the facilities and selling and distributing the bonds.

§ 4345. Historical properties.

The board of commissioners may appropriate money to nonprofit

associations or corporations organized for the purpose of

acquiring and maintaining historical properties. The

appropriations shall only be used by the association or

corporation for the acquisition, restoration and maintenance of

the historical properties.

§ 4346. Insurance.

(a) General rule.--The board of commissioners may secure

insurance or compensation in accordance with Article VI of the

act of June 2, 1915 (P.L.736, No.338), known as the Workers'

Compensation Act, for:

(1) Volunteer firefighters of companies duly recognized

by the township, by motion or resolution, killed or injured

while going to, returning from or attending fires or while

performing any other duties authorized by the township.

(2) Township employees as defined in section 601 of the

Workers' Compensation Act.

(b) Insurance contracts for buildings and property.--The

board of commissioners may enter into contracts for insurance

with an insurance company, association or exchange, authorized

by law to transact business in this Commonwealth, to insure

buildings or property owned or leased by the township.

commissioners may enter into contracts for insurance with an

insurance company, association or exchange authorized by law to

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transact business in this Commonwealth to insure any public

liability of the township.

(d) Insurance contracts covering employee life and medical

expenses.--

(1) The board of commissioners may enter into contracts

for insurance with an insurance company, nonprofit

hospitalization corporation, nonprofit medical service

corporation, association or exchange authorized by law to

transact business in this Commonwealth to insure its

employees or commissioners, or any class or classes of the

employees or commissioners or dependents of the employees or

commissioners, under a policy or policies of group insurance

covering life, health, hospitalization, medical and surgical

service or accident insurance.

(2) A life, health, hospitalization, medical service or

accident insurance coverage contract entered into by a

township between January 1, 1959, and December 31, 1984, that

includes or provides coverage for commissioners shall not be

void or unlawful solely because the inclusion of

commissioners was subsequently found to be without lawful

authority. No penalty, assessment, surcharge, forfeiture or

disciplinary action of any kind may occur as a result of

participation by those commissioners. Insurance benefits

payable to insureds or their beneficiaries arising out of or

on account of deaths, injuries, accidents or illnesses

occurring before November 29, 1985, remain the property of

the insureds or beneficiaries of the insureds.

(e) Contracts for employee annuities and pensions.--

(1) The board of commissioners may contract with an

insurance company granting annuities or pensions for the

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pensioning of employees or any class or classes of employees

and pay part or all of the premiums or charges for carrying

the contracts.

(2) A pension or annuity contract entered into by a

township between January 1, 1959, and December 31, 1984, that

includes or provides for benefits for commissioners at

township expense shall not be void or unlawful solely because

the inclusion of commissioners was subsequently found to be

without lawful authority. No penalty, assessment, surcharge

or disciplinary action of any kind may occur as a result of

participation by those commissioners provided that anyone

entitled to benefit coverage under a pension paid for, in

whole or in part, by a township without lawful authority

shall deliver, surrender and assign to the township all

benefits paid under the contract after December 31, 1984.

(3) If an official personally contributed toward a

pension plan or a purchase of an annuity under paragraph (2),

the official shall be refunded the official's total

contributions, plus accumulated interest, less an amount

already paid to the official under the annuity or pension

plan, when the annuity or pension benefits are delivered,

surrendered or assigned to the township, or when the annuity

becomes the property of the township by operation of this

section. In lieu of a refund of total contributions plus

accumulated interest, an official who personally contributed

toward the pension plan or toward the purchase of the annuity

may elect to purchase from the township the township's

interest in that pension plan or annuity program. The

election option shall be exercised within 60 days of November

29, 1985. The value of the interest of the township in the

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pension plan or annuity program with respect to the official

shall be determined by the actuary who prepared the 1983

municipal pension report for the township pension plan or

annuity program under the act of December 6, 1972 (P.L.1383,

No.293), entitled "An act requiring municipal pension systems

to have an actuarial investigation of the fund made by an

actuary who shall report his findings to the Department of

Community Affairs," using the same applicable actuarial

assumptions as used in that report or, if no actuary was

retained for the 1983 report or no 1983 report was filed, by

an actuary retained for the purpose of valuing the township

interest. The cost of the actuarial valuation of the township

interest and future administrative costs of the pension plan

or the annuity program attributable to the official shall be

payable by the official in a manner to be established by

agreement with the township auditors.

(4) No elected or appointed township official included

in a township-paid pension or annuity plan entered into prior

to December 31, 1984, shall be subject to any penalty,

assessment, surcharge or disciplinary action as a result of

the participation. Any residual interest, value, refund of

premium or benefits payable on or after December 31, 1984,

arising out of the township-paid interest of the elected or

appointed township officials shall become the exclusive

property of the township.

(f) Appropriation.--The board of commissioners may

appropriate money from the general township fund for the

purposes of this section.

(g) Construction.--Nothing in this section shall be

construed to affect a contract, right or coverage of insurance

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vested or existing on the effective date of this section.

"Contract," as used in this section, includes an annuity

contract if the option to renew continues to provide the same

rights to the annuitant that existed as of the effective date of

this subsection.

(h) Deduction of premiums and charges.--

(1) The commissioners may deduct from an employee's or

commissioner's pay, salary or compensation the part of the

premium or charge, as is payable by the employee or

commissioner, and as may be authorized by the employee or

commissioner in writing. The insurance shall be uniformly

applicable to each employee or commissioner covered and shall

not give eligibility preference to, or improperly

discriminate in favor of, commissioners.

(2) (Reserved).

(i) Definition.--As used in this section, the term

"employee" does not include an independent contractor, township

engineer and township solicitor.

§ 4347. Appropriations for urban common carrier mass

transportation.

The board of commissioners may:

(1) Appropriate money for urban common carrier mass

transportation purposes from current revenues.

(2) Make annual contributions to county departments of

transportation or urban common carrier mass transportation

authorities to assist the departments or the authorities to

meet the costs of operation, maintenance, capital

improvements and debt service.

(3) Enter into long-term agreements providing for the

payment of the contributions.

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§ 4348. Open burning.

The board of commissioners may regulate open burning,

including the prohibition of the open burning of combustible

materials.

§ 4349. Community development.

The board of commissioners may undertake community

development programs, including urban renewal, public housing,

model cities programs and neighborhood development projects.

§ 4350. Observances and celebrations.

The board of commissioners may appropriate money annually for

the observance of holidays, centennials or other anniversaries

or for township celebrations or civic projects or programs.

§ 4351. Building hospitals.

The board of commissioners may appropriate money toward the

purchase, erection, maintenance or support of medical centers or

hospital building facilities. Approval by the appropriate health

planning agency is required if the total cost of the purchase or

erection exceeds $100,000.

§ 4352. Tourist promotion agencies.

(a) General rule.--The board of commissioners may

appropriate money annually to a tourist promotion agency to

assist the agency in carrying out tourist promotional

activities.

(b) Definition.--As used in this section, the term "tourist

promotion agency" has the same meaning given to it under section

2 of the act of July 4, 2008 (P.L.621, No.50), known as the

Tourism Promotion Act.

§ 4353. Sale of real or personal property to nonprofit medical

service corporation.

The board of commissioners may sell to a nonprofit medical

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service corporation any township-owned:

(1) Real property for the nonprofit medical service

corporation's exclusive use as a site for a medical service

facility.

(2) Personal property for the nonprofit medical service

corporation's use at the medical service facility.

§ 4354. Sale of real or personal property to nonprofit housing

corporation.

The board of commissioners may sell to a nonprofit housing

corporation any township-owned:

(1) Real property for the nonprofit housing

corporation's exclusive use for housing for the elderly.

(2) Personal property for the nonprofit housing

corporation's use at the nonprofit housing corporation.

§ 4355. Nonprofit art corporations.

(a) General rule.--The board of commissioners may

appropriate money annually, of an amount not more than equal to

one mill of the real estate tax, to any nonprofit art

corporation for the conduct of the corporation's artistic and

cultural activities.

(b) Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Artistic and cultural activities." The term includes the

display or production of theater, music, dance, painting,

architecture, sculpture, arts and crafts, photography, film,

graphic arts and design and creative writing.

"Nonprofit art corporation." A local arts council,

commission or coordinating agency or other nonprofit corporation

engaged in the production or display of works of art, including

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the visual, written or performing arts.

§ 4356. Neighborhood crime watch programs.

(a) General rule.--The board of commissioners may

appropriate money annually to a neighborhood crime watch

program.

(b) Immunity.--Notwithstanding any other provision of law,

no township or official of a township shall become subject to

contractual, tort or other liability as a result of having made

an appropriation under this section.

§ 4357. Drug and alcohol abuse programs.

The board of commissioners may appropriate annually, out of

the general funds of the township, a sum to be divided in

amounts as the commissioners may determine and to be used for

education and development of programs within the community

dealing with drug and alcohol abuse. The money may also be

contributed to existing programs available to the township's

residents in adjacent communities or in the county where the

township is located at the discretion of the board of

commissioners.

§ 4358. Watershed associations.

The board of commissioners may make appropriations to

nonprofit watershed associations for watersheds serving the

township. Appropriations may not be used to undertake litigation

against a municipality or to seek redress against an individual

landowner.

§ 4359. Emergency services.

(a) General rule.--The township shall ensure that fire and

emergency medical services are provided within the township by

the means and to the extent determined by the township,

including the appropriate financial and administrative

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assistance for the services.

(b) Consultation with providers.--The township shall consult

with fire and emergency medical services providers to discuss

the emergency services needs of the township.

township shall require each emergency services organization

receiving township money to provide to the township an annual

itemized listing of all expenditures of the money before the

township may consider budgeting additional money to the

organization.

§ 4360. Mines and quarries.

(a) Duty of owners, operators and superintendents.--The

owner, operator or superintendent of a mine, colliery or quarry

located wholly or partially within the limits of the township

shall furnish maps, plans and drawings of workings, excavations

and surface support to the township as the board of

commissioners may require, and the following shall apply:

(1) In the case of a coal mine or colliery, the map or

plan shall exhibit the workings or excavations in every seam

of coal on a separate sheet and the tunnels and passages

connecting with the workings or excavations.

(2) The map or plan under paragraph (1) shall show:

(i) In degrees the general inclination of the

strata, with any material deflection in the strata in the

workings or excavations.

(ii) Tidal elevations of the bottom of every shaft,

slope, tunnel and gangway and of any other point in the

mine or on the surface where the elevation is deemed

necessary by the township.

(iii) The number of the last survey on the gangways

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or the most advanced workings.

(3) The owner, operator or superintendent of the mine,

colliery or quarry shall update, at least once every three

months, the pertinent maps, plans and drawings to reflect any

extension made in a mine, colliery or quarry during the three

preceding months, except those made within 30 days

immediately preceding the time of placing the extensions on

the map or drawing.

(4) A township engineer, assistant or other person

authorized by the board of commissioners may enter and survey

a mine, colliery or quarry within the limits of the township,

at all reasonable times, but not so as to impede or obstruct

the workings of the mine, colliery or quarry.

(5) The owner, operator or superintendent of the mine,

colliery or quarry shall furnish the means necessary for the

entry, survey and exit.

(b) (Reserved).

§ 4361. Conservation district.

The board of commissioners may make appropriations to a

conservation district, as the term is defined under section 3 of

the act of May 15, 1945 (P.L.547, No.217), known as the

Conservation District Law, in which the township is located.

§ 4362. Electricity.

The board of commissioners may manufacture and sell

electricity and regulate its use and prices under Chapter 67

(relating to manufacture and sale of electricity).

§ 4363. Storm water.

A township may, by ordinance, after obtaining a required

permit from the Department of Environmental Protection or other

Federal or State entity, acquire, operate and maintain areas for

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the infiltration, detention or retention of storm water and for

other methods of storm water management authorized by the

Department of Environmental Protection.

§ 4364. Validity of township records and recording or

transcribing of township records.

(a) General rule.--A township record required to be recorded

or transcribed shall be deemed valid if typewritten, printed,

photocopied, microfilmed or electronically or digitally stored

or retained by any other process that accurately reproduces the

original and forms a durable medium for recording, storing and

reproducing in accordance with the act of May 9, 1949 (P.L.908,

No.250), entitled "An act relating to public records of

political subdivisions other than cities and counties of the

first class; authorizing the recording and copying of documents,

plats, papers and instruments of writing by digital,

photostatic, photographic, microfilm or other process, and the

admissibility thereof and enlargements thereof in evidence;

providing for the storage of duplicates and sale of microfilm

and digital copies of official records and for the destruction

of other records deemed valueless; and providing for the

services of the Pennsylvania Historical and Museum Commission to

political subdivisions."

(b) Specifications of records in books.--If recording or

transcribing in a specified book of record is required,

including minutes of the proceedings of the board of

commissioners, the records shall be recorded or transcribed as

follows:

(1) in a mechanical post binder book capable of being

permanently sealed with consecutively numbered pages with a

security code printed on it and a permanent locking device

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with the township seal being impressed on each page; or

(2) in a bound book with pages being consecutively

numbered by transcribing directly upon the pages of the book

of record or by permanently attaching the records or copies

to the book of record with the township seal being impressed

on each page to which the record is attached, with each

impression covering both a portion of the attached record and

a portion of the page of the book of record to which the

record is attached.

recorded or transcribed in a manner authorized by law at the

time the records were recorded or transcribed are validated.

CHAPTER 45

REAL ESTATE REGISTRY

Sec.

4501. Real estate registry.

§ 4501. Real estate registry.

(a) General rule.--For the purpose of procuring accurate

information on the ownership of real estate, the board of

commissioners may provide, by ordinance, for a real estate

registry in a manner not inconsistent with the act of October 9,

2008 (P.L.1400, No.110), known as the Uniform Municipal Deed

Registration Act.

(b) Registry.--The board of commissioners shall designate a

person to have charge of the registry who shall make and

carefully preserve the necessary books, maps and plans as may

show the location and ownership of each lot, piece of real

estate and subdivision of real estate. For purposes of

establishing or maintaining the registry, the person in charge

of the registry shall have access to public records without

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charge.

within a real estate registry shall not affect the validity of a

municipal claim or tax claim of the township.

(d) Additional information as may be required.--Nothing in

this section shall be construed to prohibit a township from

requiring owners to provide information relevant to the

enforcement of a township ordinance in accordance with law.

CHAPTER 47

PUBLIC HEALTH

Sec.

4701. Appointment of boards of health and health officers.

4702. Members of board.

4703. Organization of board.

4704. Duties of secretary.

4705. Powers and duties of health officer.

4706. Powers and duties of board of health.

4707. Entry of premises.

4708. Abatement of nuisances.

4709. Expenditures.

4710. Cooperation in health work.

4711. Powers of Department of Health.

§ 4701. Appointment of boards of health and health officers.

(a) General rule.--The board of commissioners may, by

ordinance, establish a board of health or the office of health

officer to administer and enforce the health ordinances and

related ordinances of the township. A health officer must,

whether appointed by the board of commissioners or by the board

of health, have experience or training in public health work and

must, within six months of taking the oath of office, be

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certified for the office of health officer by the Department of

Health.

(b) Payment of expenses.--Expenses incurred by the board of

health or a health officer shall be paid by the township.

board of health or the office of health officer and decide to

become subject to the jurisdiction of a county department of

health or joint county department of health under the act of

August 24, 1951 (P.L.1304, No.315), known as the Local Health

Administration Law.

§ 4702. Members of board.

(a) Composition.--

(1) A board of health appointed by the board of

commissioners shall be composed of three or five members, at

the discretion of the board of commissioners.

(2) At least one of the board members shall be a

reputable professional health care provider with no less than

two years' experience in the practice of the respective

profession.

(3) If no professional health care provider can be

identified to serve on the board, the board of commissioners

may appoint an individual at a public meeting who has

experience in, or is knowledgeable of, public health issues.

(b) First appointments.--At the first appointment for a

board:

(1) With three members:

(i) One member shall be appointed to serve for one

year.

(ii) One member shall be appointed to serve for two

years.

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(iii) One member shall be appointed to serve for

three years.

(2) With five members:

(i) One member shall be appointed to serve for one

year.

(ii) One member shall be appointed to serve for two

years.

(iii) One member shall be appointed to serve for

three years.

(iv) One member shall be appointed to serve for four

years.

(v) One member shall be appointed to serve for five

years.

(3) Subsequent terms for board members shall be

staggered, and, for a three-member board, a subsequent term

shall be three years, and, for a five-member board, a

subsequent term shall be five years.

health shall serve without compensation, but if a member of the

board shall be elected to the office of secretary, the member

shall be entitled to receive a salary fixed by the board for

that office.

(d) Definition.--As used in this section, the term

"professional health care provider" means an individual who is

licensed, certified or registered to practice or operate in the

health care field under the laws of this Commonwealth. The term

includes the following:

(1) A physician.

(2) A dentist.

(3) A podiatrist.

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(4) A chiropractor.

(5) An optometrist.

(6) A psychologist.

(7) A pharmacist.

(8) A registered or practical nurse.

(9) A physical therapist.

(10) A physician's assistant.

(11) A paramedic.

(12) An administrator of a hospital, nursing or

convalescent home or other health care facility.

(13) A veterinarian.

§ 4703. Organization of board.

(a) Oath of office.--The members of the board shall each

take the oath or affirmation prescribed for township officers. A

secretary or health officer appointed under subsection (b) shall

take the oath or affirmation required of members of the board.

(b) Officers.--The board shall annually organize by electing

a president from among the members of the board, a secretary,

who need not be a member of the board, and a health officer, who

may not be a member of the board. The secretary and the health

officer shall receive salaries fixed by the board and ratified

by the board of commissioners and shall serve for a period of

one year or until a successor is elected and qualified.

secretary and health officer to furnish a bond to the township,

in an amount fixed by ordinance, for the faithful discharge of

the secretary's or health officer's duties.

(d) Payment of fees and penalties into township treasury.--

Fees collected or received by the board, or by an officer in the

officer's official capacity, shall be paid into the township

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treasury monthly, together with penalties which shall be

recovered for the violation of a regulation of the board.

(e) Oaths and affirmations.--The president and secretary

shall have full power to administer oaths or affirmations in any

proceeding or investigation regarding the regulations of the

board but shall not be entitled to receive a fee for the

administration of oaths and affirmations.

§ 4704. Duties of secretary.

The secretary of the board has the following duties:

(1) Maintain, under 53 Pa.C.S. Ch. 13 Subch. F (relating

to records), the minutes of the proceedings of the board and

keep accurate accounts of the expenditures of the board.

(2) Transmit bills to the board of commissioners for

payment in the same manner as other bills of the township are

paid.

(3) Draw requisitions for the payment of money on

account of the board of health and present the requisitions

to the president of the board for the president's approval.

(4) Provide statements of the expenditures to the board

at each stated meeting or as frequently as the board

requires.

(5) Prepare, under the direction of the board, the

annual report to the board of commissioners and the estimate

of appropriation needed for the following year.

(6) Report to the Department of Health at statutorily or

regulatorily required intervals the cases of communicable

disease reported to the board of health on the form provided

by the Department of Health and make an annual report to the

Department of Health.

(7) Perform other duties as may be required by the board

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of health.

§ 4705. Powers and duties of health officer.

(a) Citations.--A health officer may issue a citation for a

violation of a health ordinance or related law.

(b) Duties.--A health officer has the following duties:

(1) Administer and enforce the health ordinances of the

township and related laws.

(2) Perform the duties as are vested in local health

officers by statute or regulation.

(3) Make sanitary inspections.

(4) Execute the orders of the board of health.

(5) Attend all regular and special meetings of the board

of health.

§ 4706. Powers and duties of board of health.

(a) General rule.--A board of health has the following

powers:

(1) Recommend to the board of commissioners rules and

regulations necessary for the preservation of the public

health and for carrying into effect the functions of the

board.

(2) Appoint a health officer.

(3) Abate and remove nuisances the board of health deems

detrimental to the public health.

(4) Mark infected premises.

(b) Enforcement.--A board of health has the duty to enforce

all of the following related to the promotion of public health

and prevention of the introduction and spread of infectious or

contagious disease:

(1) A statute.

(2) A regulation of the Department of Health.

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(3) An ordinance of the township.

§ 4707. Entry of premises.

(a) General rule.--Upon order of the board of health or upon

order of a health officer if there is no board of health, the

following individuals may enter a premises in the township where

an infectious or contagious disease or a nuisance detrimental to

the public health is suspected and examine and abate the disease

or nuisance:

(1) A member of the board of health.

(2) A health officer.

(3) An employee of a board of health or a health

officer.

(4) An agent of a board of health or a health officer.

(b) Search warrant.--If entry to the premises under

subsection (a) is prevented, the board of health or health

officer may obtain an administrative search warrant from a

magisterial district judge with jurisdiction over the premises

upon a showing of any of the following:

(1) Reasonable standards and an administrative plan for

conducting inspections.

(2) The condition of the premises or general area and

the passage of time since the last inspection.

(3) Probable cause of a violation of a law specified in

section 4706(b) (relating to powers and duties of board of

health).

§ 4708. Abatement of nuisances.

(a) General rule.--If the board of health, or health officer

if there is no board of health, finds a condition or premises to

be a nuisance to the health of the residents of the township,

the board of health or health officer shall issue a written

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order of abatement directed to the owner, agent of the owner or

the occupant of the premises. The order, which shall be a public

record, shall state that the conditions specified in the order

constitute a nuisance and order an abatement of the nuisance

within a specified reasonable time.

(b) Noncompliance.--Upon noncompliance of the order under

subsection (a), the board shall issue a written order to the

health officer directing removal or abatement of the nuisance.

An order shall be executed by the health officer or an agent of

the health officer. The expense of the execution of the order

shall be recoverable as a nuisance claim from the owner of the

premises with a 10% penalty.

procedures under subsections (a) and (b), the board of

commissioners may seek relief from a nuisance or threatened

nuisance by an action at law or in equity. The board of

commissioners may seek guidance of the board or health officer

in determining the nature of the relief requested.

§ 4709. Expenditures.

(a) Estimate of expenditures.--The board of health or the

health officer shall submit to the board of commissioners,

before commencement of the township's fiscal year, an estimate

of the probable expenditures of the board of health or the

health officer during the ensuing fiscal year.

(b) Appropriations.--The board of commissioners shall make

appropriations based on the estimate as deemed necessary.

shall, each January, submit a report to the board of

commissioners on the appropriation and expenditures for the

preceding fiscal year and information on subjects relative to

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the sanitary conditions or requirements of the township.

§ 4710. Cooperation in health work.

A township may cooperate with a political subdivision and

with the Department of Health in the administration and

enforcement of health laws.

§ 4711. Powers of Department of Health.

(a) General rule.--Nothing in this part may be construed to

limit the powers and duties of the Department of Health,

including the powers and duties under Article XXI of the act of

April 9, 1929 (P.L.177, No.175), known as The Administrative

Code of 1929.

(b) Expenses.--

(1) The expenses of the Department of Health for which

the township is liable shall be paid by the township where

the expenses have been incurred.

(2) If expenses under paragraph (1) are unpaid for a

period of more than three months after a statement of the

expenses has been rendered to the township and demand for

payment is made, the Secretary of Health shall, with the

approval of the Governor, institute an action against the

township for the collection of the expenses. The

reasonableness of the expenditures made by the secretary

shall be submitted to the jury for the jury's determination.

(3) Upon payment, the Department of Health shall return

the money to the State Treasurer, who shall credit the amount

to the appropriation made to the Department of Health.

CHAPTER 49

FINANCE AND TAXATION

Sec.

4901. Fiscal year, annual budget and regulation of

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appropriations.

4902. Budget amendment.

4903. Uniform financial report and forms.

4904. Appropriations not to be exceeded.

4905. Investment of township funds.

4906. Indebtedness and orders of previous years.

4907. Disbursements to pay indebtedness.

4908. Tax levies.

4909. Additions and revisions to duplicates.

4910. Authority to levy, assess and collect mercantile and

business privilege taxes on gross receipts.

4911. Tax rates to be expressed in dollars and cents.

4912. Special levies to pay indebtedness.

4913. Delivery of duplicates.

§ 4901. Fiscal year, annual budget and regulation of

appropriations.

(a) Fiscal year.--The fiscal year in townships of the first

class shall begin on January 1 and end on December 31.

(b) Annual budget.--The board of commissioners shall

annually prepare a proposed budget for all funds for the ensuing

fiscal year. The proposed budget shall reflect as nearly as

possible the estimated revenues and expenditures of the township

for the year for which the budget is prepared.

budget is available for inspection and copying shall be

published by the township in a newspaper of general circulation

in accordance with the provisions of section 1107 (relating to

legal advertising). The proposed budget shall be kept on file

with the township secretary and be made available for public

inspection and copying by the township secretary for a period of

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20 days. The notice shall state the date fixed by the board of

commissioners for adoption of the proposed budget, and notice

shall be published at least 20 days prior to the time fixed by

the board of commissioners for adoption of the proposed budget.

A township may not prepare and advertise notice of a proposed

budget when the budget is knowingly inaccurate.

(d) Adoption of budget.--After the proposed budget has been

available for public inspection for at least 20 days, the board

of commissioners shall, after making revisions as appropriate,

adopt the final budget not later than December 31.

(e) Revision of budget.--Upon a revision of the proposed

budget, if the estimated revenues or expenses in the budget will

be increased more than 10% in the aggregate, or more than 25% on

any individual item, over the proposed budget, it shall be

presumed that the tentative budget was inaccurate, and the

proposed budget may not be legally adopted with the increases

unless the proposed budget is again advertised once, at least 10

days before adoption, and an opportunity given to taxpayers to

examine the amended proposed budget.

(f) Regulation of appropriations.--The tax levied by the

board of commissioners shall be fixed, within the limit allowed

by law, that together with other sources of revenue will meet

and cover appropriations. The total appropriation may not exceed

the revenues estimated as available for the fiscal year. If the

money available from taxation and other sources is estimated to

be in excess of the requirements of the ensuing fiscal year, an

appropriation may be made for the payment of township orders or

indebtedness of the previous years. A budget adopted in the

December prior to the fiscal year to which the budget applies

may be amended.

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(g) Supplemental appropriations.--The board of commissioners

may at any time by resolution make supplemental appropriations

for any lawful purpose from any money on hand or estimated to be

received within the fiscal year and not appropriated to any

other purpose, including the proceeds of any borrowing as

authorized by law. Supplemental appropriations may be made

whether or not an appropriation for that purpose was included in

the original budget as adopted.

(h) Transfers.--The board of commissioners may, by

resolution, transfer unencumbered money from one township

account to another, but no money may be transferred from the

fund allocated for the payment of debts or from any fund raised

by a special tax levy or assessment for a particular purpose.

Transfers may not be made during the first three months of the

fiscal year. No money may be paid out of the township treasury

except upon appropriation made according to law.

§ 4902. Budget amendment.

(a) General rule.--During the month of January next

following a municipal election, the board of commissioners may

amend the budget and the levy and tax rate to conform with the

amended budget. A period of 10 days' public inspection at the

office of township secretary of the proposed amended budget

after notice by the township secretary to that effect is

published once in a newspaper of general circulation, as

provided in section 1107 (relating to legal advertising), shall

intervene between the proposed amended budget and the amended

budget's adoption. An amended budget must be adopted by the

board of commissioners on or before the 15th day of February.

(b) Limitation.--No proposed amended budget may be revised

upward in excess of 10% in the aggregate or in excess of 25% of

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the amount of an individual item in the proposed amended budget.

§ 4903. Uniform financial report and forms.

(a) Preparation of forms.--The uniform forms for the annual

financial report required to be made by the township auditors or

controller to the Department of Community and Economic

Development shall be prepared by a committee consisting of four

representatives from the Pennsylvania State Association of

Township Commissioners and the Secretary of Community and

Economic Development, or the secretary's agent or designee who

shall be a person trained in the field of municipal finance.

(b) Appointment of representatives.--The representatives of

townships shall be appointed by the president of the

Pennsylvania State Association of Township Commissioners. The

representatives shall be chosen from among the finance officers

or other officers of townships who have knowledge of fiscal

procedures. As far as possible, the representatives shall be

chosen to represent townships in the various population groups

within the range of townships of the first class. The president

of the organization shall supply to the Department of Community

and Economic Development the names and addresses of the

representatives immediately upon their appointment.

without compensation but shall be reimbursed by the Commonwealth

for the necessary expenses incurred in attending meetings of the

committee. The committee shall meet at the call of the Secretary

of Community and Economic Development, or the secretary's agent

or designee, who shall serve as chairperson of the committee.

(d) Duties of secretary.--It shall be the duty of the

Secretary of Community and Economic Development, or the

secretary's agent or designee, to ensure that the forms required

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under this chapter are prepared in cooperation with the

committee. In the event that the committee should for any reason

fail to cooperate, the Secretary of Community and Economic

Development, or the secretary's agent or designee, shall prepare

the forms. After the forms are prepared, the Secretary of

Community and Economic Development, or the secretary's agent or

designee, shall issue the forms and distribute them annually, as

needed, to the designated officers of each township.

§ 4904. Appropriations not to be exceeded.

The township may not hire employees, purchase materials,

execute contracts or issue orders for the payment of money if it

would result in the total expenditure of money for a specific

purpose to exceed the amount appropriated for that purpose.

§ 4905. Investment of township funds.

(a) General rule.--The board of commissioners shall have

power to provide for the investment of money in the general

township fund or in special funds.

(b) Sinking funds.--The board of commissioners shall have

power to invest township sinking funds as authorized under 53

Pa.C.S. Pt. VII Subpt. B (relating to indebtedness and

borrowing).

invest township funds consistent with sound business practices.

(d) Restrictions.--The board of commissioners shall provide

for an investment program subject to restrictions contained in

this chapter and in any other applicable statute and any rules

and regulations adopted by the board of commissioners.

(e) Authorized investments.--In addition to investments

authorized under the act of July 25, 1973 (P.L.217, No.53),

entitled "An act authorizing cities of the first class and

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second class to invest all funds received and deposited with the

city treasurer in certain commercial paper under certain terms

and conditions; and providing for investment of public

corporation or municipal authority funds," a township may invest

in:

(1) United States Treasury bills.

(2) Short-term obligations of the United States

Government or its agencies or instrumentalities.

(3) Deposits in savings accounts or time deposits, other

than certificates of deposit, or share accounts of

institutions insured by the Federal Deposit Insurance

Corporation or the National Credit Union Share Insurance Fund

to the extent that the accounts are insured, and, for any

amounts above the insured maximum, provided that approved

collateral as provided by law shall be pledged by the

depository. Those deposits are differentiated from savings or

demand deposits as authorized by the act of July 25, 1973

(P.L.217, No.53).

(4) Obligations of any of the following:

(i) the United States of America or any of its

agencies or instrumentalities backed by the full faith

and credit of the United States of America;

(ii) the Commonwealth of Pennsylvania or any of its

agencies or instrumentalities backed by the full faith

and credit of the Commonwealth; or

(iii) a political subdivision of the Commonwealth of

Pennsylvania or any of its agencies or instrumentalities

backed by the full faith and credit of the political

subdivision.

(5) Shares of an investment company registered under the

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Investment Company Act of 1940 (54 Stat. 789, 15 U.S.C. §

80a-1 et seq.), whose shares are registered under the

Securities Act of 1933 (48 Stat. 74, 15 U.S.C. § 77a et

seq.), provided that the only investments of that company are

in the authorized investments for township funds listed in

paragraphs (1), (2), (3) and (4), and both of the following

conditions are met:

(i) The investment company is managed in accordance

with 17 CFR 270.2a-7 (relating to money market funds).

(ii) The investment company is rated in the highest

category by a nationally recognized rating agency.

(6) Certificates of deposit purchased from institutions

insured by the Federal Deposit Insurance Corporation or the

National Credit Union Share Insurance Fund to the extent that

the accounts are insured, and, for any amounts above the

insured maximum, provided that approved collateral as

provided by law shall be pledged by the depository.

Certificates of deposit purchased from commercial banks shall

be limited to an amount equal to 20% of a bank's total

capital and surplus. Certificates of deposit purchased from

savings and loan associations or savings banks shall be

limited to an amount equal to 20% of an institution's assets

minus liabilities.

(7) An investment authorized under 20 Pa.C.S. Ch. 73

(relating to municipalities investments) shall be an

authorized investment for a pension or retirement fund.

(f) Powers of board of commissioners.--In making investments

of township funds, the board of commissioners shall have

authority to:

(1) Permit assets pledged as collateral under subsection

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(e)(3), to be pooled in accordance with the act of August 6,

1971 (P.L.281, No.72), entitled "An act s tandardizing the

procedures for pledges of assets to secure deposits of public

funds with banking institutions pursuant to other laws;

establishing a standard rule for the types, amounts and

valuations of assets eligible to be used as collateral for

deposits of public funds; permitting assets to be pledged

against deposits on a pooled basis; and authorizing the

appointment of custodians to act as pledgees of assets."

(2) Combine money from more than one fund under township

control for the purchase of a single investment if:

(i) each of the funds combined for the purpose shall

be accounted for separately; and

(ii) the earnings from the investment are separately

and individually computed and recorded and credited to

the accounts from which the investment was purchased.

(3) Join with one or more other political subdivisions

and municipal authorities in accordance with 53 Pa.C.S. Ch.

23 Subch. A (relating to intergovernmental cooperation) in

the purchase of a single investment, provided that the

requirements of paragraph (2) are met.

§ 4906. Indebtedness and orders of previous years.

No order or indebtedness of a previous year may be paid out

of the funds of a fiscal year, unless the funds available from

taxation and other sources are estimated to be in excess of

requirements for the current fiscal year. If the available funds

are in excess of the current fiscal year requirements, an

appropriation may be made for this purpose to the extent of the

excess, or unless, after the close of the fiscal year, it shall

be ascertained that the funds appropriated and available for the

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fiscal year are in excess of the amount required, in which case

the surplus may be applied to the former orders of indebtedness.

§ 4907. Disbursements to pay indebtedness.

(a) Procedure.--Disbursements in discharge of township

indebtedness duly incurred shall be made by the township

treasurer or the treasurer's deputy, by virtue of warrants or

orders drawn on the treasurer by the order of the board of

commissioners, signed by the president or vice president and

attested to by the secretary or assistant secretary of the

board.

(b) Approval.--The board shall prescribe, by ordinance, the

manner in which bills for township indebtedness shall be

approved for payment.

§ 4908. Tax levies.

(a) General rule.--The board of commissioners may levy taxes

by resolution for taxes levied at the same rate as or a rate

lower than the previous fiscal year, and by ordinance if the tax

rate increases from the previous fiscal year. Taxes may be

levied upon all property and occupations within the township

made taxable for township purposes and subject to valuation and

assessment by the county assessment office, for the following

purposes and at the following rates:

(1) An annual tax for general township purposes, not

exceeding 30 mills, unless the board of commissioners by

majority action shall, upon due cause shown by resolution,

petition the court of common pleas for the right to levy

additional millage for general revenue purposes. The court,

after public notice as the court may direct and after

hearing, may order a greater rate than 30 mills but not

exceeding five additional mills to be levied.

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(2) The following:

(i) An annual tax not exceeding three mills for the

purpose of:

(A) building and maintaining suitable places for

the housing of fire apparatus;

(B) purchasing, maintaining and operating fire

apparatus;

located inside or outside the township;

(D) contracting with adjacent municipalities or

volunteer fire companies in adjacent municipalities

for fire protection;

(E) the training of fire personnel and payments

to fire training schools and centers;

(F) the purchase of land upon which to erect a

fire house; and

(G) the erection and maintenance of a fire house

or fire training school and center.

(ii) The township may appropriate up to one-half,

but not to exceed one mill, of the revenue generated from

a tax under this clause for the purpose of paying

salaries, benefits or other compensation of fire

suppression employees of the township or a fire company

serving the township. For any calendar year, the board of

commissioners may waive the appropriation limitation

under this subparagraph by resolution.

(iii) If an annual tax for the purposes specified in

this paragraph is proposed to be set at a level higher

than three mills, the question shall be submitted to the

voters of the township and the county board of elections

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shall frame the question in accordance with the election

laws of this Commonwealth for submission to the voters of

the township.

(3) An annual tax, not exceeding one-tenth of one mill,

for the purpose of caring for trees planted under the

supervision of the shade tree commission and for the purpose

of publishing notices of meetings to consider the planting,

removing or changing of trees. In lieu of the tax provided

for in this paragraph, the board of commissioners may, by

specific appropriation, provide for the maintenance of shade

trees by appropriation from the general fund of the township.

(4) An annual tax so long as necessary for the purpose

of procuring a lot or erecting a building on a lot for a

municipal building and for the payment of indebtedness

incurred in connection with procuring the lot or erecting the

building.

(5) An annual tax sufficient to pay interest and

principal on indebtedness incurred under 53 Pa.C.S. Pt. VII

Subpt. B (relating to indebtedness and borrowing) or any

prior or subsequent act governing the incurrence of

indebtedness of the township.

(6) An annual tax not exceeding one-half of one mill to

provide for pensions, retirement or the purchase of annuity

contracts for township employees. This tax shall be kept in a

separate fund and used only for the purposes provided in this

paragraph.

(7) (i) An annual tax not exceeding one-half mill for

the purpose of supporting ambulance, rescue and other

emergency services serving the township, except as

provided in subsection (c).

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(ii) The township may appropriate up to one-half of

the revenue generated from a tax under this clause for

the purpose of paying salaries, benefits or other

compensation of employees of an ambulance, rescue or

other emergency service serving the township. For any

calendar year, the board of commissioners may waive the

appropriation limitation under this subparagraph by

resolution.

(8) An annual tax not exceeding five mills to create and

maintain a revolving fund to be used in making permanent

street, sidewalk, water supply or sewer improvements before

the collection of all or part of the cost from property

owners as otherwise authorized under this part. A revolving

fund may also be used for the deposit of funds raised through

the issuance of general obligation bonds of the township for

the making of permanent street, sidewalk, water supply or

sewer improvements. When all or part of the cost of the

construction of a permanent street, sidewalk, water supply or

sewer improvement is paid from the revolving fund and is

later assessed and collected from property owners as

otherwise authorized under this part, the collections shall

be applied to the credit of the revolving fund to the extent

of the withdrawal from the revolving fund for that purpose.

(9) An annual tax sufficient for the purpose of

constructing, maintaining and operating parks, recreation

areas, facilities and programs or for paying the township's

share of a joint action with one or more political

subdivisions, in accordance with section 7306 (relating to

joint ownership and maintenance).

(b) Applicability.--This section does not include:

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(1) the levy of taxes upon particular districts or parts

of a township for particular purposes; or

(2) special levies otherwise provided for in this part.

squads serving the township shall not exceed the rate specified

in subsection (a)(7) except when the question is submitted to

the voters of the township in the form of a referendum which

will appear on the ballot in accordance with the election laws

of this Commonwealth, in which case the rate shall not exceed

three mills. The county board of elections shall frame the

question to be submitted to the voters of the township in

accordance with the election laws of this Commonwealth.

§ 4909. Additions and revisions to duplicates.

(a) Reassessment.--If in a township there is any

construction of a building or buildings not otherwise exempt as

a dwelling after January 1 of any year and the building is not

included in the tax duplicate of the township, the county

assessment office shall, upon the request of the board of

commissioners, direct the assessor in the county assessment

office to inspect and reassess, subject to the right of appeal

and adjustment by statute, the taxable property in the township

to which major improvements have been made after January 1 of

any year and to give notice of the reassessments within 10 days

to the authority responsible for assessments, the township and

the property owner.

(b) Addition to duplicate.--The real property shall be added

to the duplicate and shall be taxable for township purposes at

the reassessed valuation for that proportionate part of the

fiscal year of the township remaining after the property was

improved. Any improvement made during the month shall be

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computed as having been made on the first day of the month.

or revisions to the duplicate shall be furnished by the board of

township commissioners to the township tax collector, together

with the board's warrant for collection of the same, and within

10 days the township tax collector shall notify the owner of the

property of the taxes due the township.

§ 4910. Authority to levy, assess and collect mercantile and

business privilege taxes on gross receipts.

Notwithstanding section 533(b) of the act of December 13,

1988 (P.L.1121, No.145), known as the Local Tax Reform Act, a

township of the first class or a home rule municipality that

previously had been a township of the first class and that has a

population exceeding 70,000 which, before December 1, 1988, has

levied, assessed or collected or provided for the levying,

assessment or collection of a mercantile tax on gross receipts

or parts of gross receipts may levy, assess and collect or

provide for the levying, assessment or collection of mercantile

and business privilege taxes on gross receipts or parts of gross

receipts. This authority shall apply to the tax year beginning

January 1, 1998, and to each tax year thereafter.

§ 4911. Tax rates to be expressed in dollars and cents.

If the board of commissioners, by ordinance or resolution,

fixes the rate of taxation for any year at a mill rate, the

ordinance or resolution shall also include a statement

expressing the rate of taxation in dollars and cents on each

$100 of assessed valuation of taxable property.

§ 4912. Special levies to pay indebtedness.

In addition to the levies provided for in section 4908

(relating to tax levies), when it is shown to the court that the

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debts due by a township exceed the amount which the board of

commissioners may collect in any year by taxation, the court,

after ascertaining the amount of indebtedness of the township,

may, in an action of mandamus, direct the board of commissioners

by special taxation to collect an amount sufficient to pay the

debts. If the amount of the indebtedness is so large as to

render it unadvisable to collect the entire amount in any one

year, taking into consideration other necessary taxation, the

court may direct the special taxes to be levied and collected

during successive years as may be required for payment of the

debt.

§ 4913. Delivery of duplicates.

The board of commissioners shall, within 30 days after

adoption of the budget or within 30 days after receipt of the

assessment roll from the county, whichever is later, deliver a

duplicate of the assessment of township taxes to the township

tax collector, together with the board's warrant for collection

of the taxes.

CHAPTER 51

CONTRACTS

Sec.

5101. Power to make contracts.

5102. Regulation of contracts.

5103. Evasion of advertising requirements.

5104. Bonds for protection of labor and materials.

5105. Purchase contracts for petroleum products and fire

companies, rescue companies and ambulance companies.

5106. Separate specifications for branches of work.

5107. Workers' compensation insurance.

5108. Personal interest in contracts and purchases.

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§ 5101. Power to make contracts.

(a) Purposes.--A township may make contracts for lawful

purposes and for the purposes of carrying into execution the

provisions of this part and the laws of this Commonwealth.

(b) Lowest responsible bidder.--Except as otherwise

specifically provided in this part, contracts and purchases must

be made with and from the lowest responsible bidder. For

purposes of this chapter, the lowest responsible bidder need not

be the bidder submitting the lowest dollar amount bid. A

township may also consider the quality of goods or services

supplied, ease of repair, compatibility with other township

equipment or services, responsiveness, past performance of the

bidder and any other reasonable factors specified in the

advertisement for bids.

submission of bids and may receive bids electronically for

competitive bid purchases and contracts under 62 Pa.C.S. Ch. 46

(relating to electronic bidding by local government units).

§ 5102. Regulation of contracts.

(a) Advertisement.--A contract or purchase in excess of the

base amount of $18,500, subject to adjustment under subsection

(d), except those mentioned in this section and except as

provided under the act of October 27, 1979 (P.L.241, No.78),

entitled "An act authorizing political subdivisions,

municipality authorities and transportation authorities to enter

into contracts for the purchase of goods and the sale of real

and personal property where no bids are received," shall be in

writing and shall be made only after notice by the secretary,

published once in one newspaper of general circulation,

published or circulating in the county in which the township is

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situated. The advertisement shall be published not less than 10

days prior to the date fixed for the opening of bids and shall

also be posted in a conspicuous place within the township. The

advertisement for contracts or purchases shall contain the date,

time and location for opening of bids and shall state the amount

of the performance bond determined under subsection (f). The

advertisement shall also contain full plans and specifications,

or refer to the places where copies of plans and specifications

can be obtained. The plans and specifications shall be on file

not less than 10 days in advance of opening bids.

(b) Amount of contract.--The amount of the contract shall in

all cases, whether of straight sale price, conditional sale,

lease, lease purchase or otherwise, be the entire amount which

the township pays to the successful bidder or the bidder's

assigns in order to obtain the services or property, or both.

The amount of the contract shall not be construed to mean only

the amount that is paid to acquire title or to receive any other

particular benefit or benefits of the whole bargain.

quotations from at least three qualified and responsible

contractors shall be requested for a contract in excess of the

base amount of $10,000, subject to adjustment under subsection

(d) but less than the amount requiring advertisement and

competitive bidding. In lieu of a price quotation, a memorandum

shall be kept on file showing that fewer than three qualified

contractors exist in the market area within which it is

practicable to obtain quotations. A written record of telephonic

price quotations shall be made and shall contain at least the

date of the quotation, the name of the contractor and the

contractor's representative, the construction, reconstruction,

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repair, maintenance or work that was the subject of the

quotation and the price. Written price quotations, written

records of telephonic price quotations and memoranda shall be

retained for a period of three years. As used in this section,

"written price quotations" include electronic mail.

(d) Adjustment to base amount.--An adjustment to the base

amounts specified under subsections (a) and (c) shall be made as

follows:

(1) The Department of Labor and Industry shall determine

the percentage change in the Consumer Price Index for All

Urban Consumers: All Items (CPI-U) for the United States City

Average as published by the United States Department of

Labor, Bureau of Labor Statistics, for the 12-month period

ending September 30, 2012, and for each successive 12-month

period.

(2) If the department determines that there is no

positive percentage change, then no adjustment to the base

amounts may occur for the relevant time period provided for

in this subsection.

(3) If the department determines that there is a

positive percentage change in the first year that the

determination is made under paragraph (1):

(i) The positive percentage change shall be

multiplied by each base amount, and the products shall be

added to the base amounts, respectively, and the sums

shall be preliminary adjusted amounts.

(ii) The preliminary adjusted amounts shall be

rounded to the nearest $100 to determine the final

adjusted base amounts for purposes of subsections (a) and

(c).

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(4) In each successive year in which there is a positive

percentage change in the CPI-U for the United States City

Average, the positive percentage change shall be multiplied

by the most recent preliminary adjusted amounts, and the

products shall be added to the preliminary adjusted amount of

the prior year to calculate the preliminary adjusted amounts

for the current year. The sums shall be rounded to the

nearest $100 to determine the new final adjusted base amounts

for purposes of subsections (a) and (c).

(5) The determinations and adjustments required under

this subsection shall be made in the period between October 1

and November 15 of each year.

(6) The final adjusted base amounts and new final

adjusted base amounts obtained under paragraphs (3) and (4)

shall become effective January 1 for the calendar year

following the year in which the determination required under

paragraph (1) is made.

(7) The department shall transmit notice to the

Legislative Reference Bureau for publication in the

Pennsylvania Bulletin prior to January 1 of each calendar

year of the annual percentage change determined under

paragraph (1) and the unadjusted or final adjusted base

amounts determined under paragraphs (3) and (4) at which

competitive bidding is required under subsection (a) and

written or telephone price quotations are required under

subsection (c), respectively, for the calendar year beginning

the first day of January after publication of the notice. The

notice shall include a written and illustrative explanation

of the calculations performed by the department in

establishing the unadjusted or final adjusted base amounts

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under this subsection for the ensuing calendar year.

(8) The annual increase in the preliminary adjusted base

amounts obtained under paragraphs (3) and (4) shall not

exceed 3%.

(e) Bids.--

(1) The following apply:

(i) If advertisement and bidding are required, the

advertisement shall specify the date, time and place bids

will be received and the date, time and place for the

opening of bids.

(ii) At the board of commissioners' request, the

bids advertised for must be accompanied by cash, money

order, a certified or cashier's good faith check or other

irrevocable letter of credit drawn upon a bank authorized

to do business in this Commonwealth or by a bond with

corporate surety in the amount as the board of

commissioners determine, and, when requested, no bid may

be considered unless so accompanied.

(iii) Bids received pursuant to an advertisement

shall be opened publicly by the board of commissioners or

the board's agent or employees. The amount of each bid

and any other relevant information as may be specified by

the board, together with the name of each bidder, shall

be disclosed and recorded, and the record shall be open

to public inspection and copying.

(iv) At a public meeting of the board of

commissioners, the board shall either award the contract

or reject all bids.

(2) A contract executed in violation of the provisions

of this section shall be void. Nothing in this section may

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prevent the making of contracts for governmental services for

a period exceeding one year, but a contract shall be executed

only for the amounts agreed to be paid for the services to be

rendered in succeeding fiscal years.

(f) Performance bond.--The successful bidder, when

advertising is required, shall be required to furnish a bond or

irrevocable letter of credit or other security with suitable

reasonable requirements guaranteeing the performance of the

contract, with sufficient surety, in an amount as determined by

the board of commissioners. The amount shall be not less than

10% nor more than 100% of the amount of the liability under the

contract within 20 days after the contract has been awarded,

unless the board of commissioners shall prescribe a shorter

period of not less than 10 days. Upon failure to furnish the

security within the prescribed time, the previous award shall be

void. Deliveries, accomplishment and guarantees may be required

in all cases of expenditures including the exceptions under

subsection (g).

(g) Exceptions.--

(1) The following contracts or purchases made by the

board of commissioners shall not require advertising, bidding

or price quotations as provided in this chapter:

(i) For maintenance, repairs or replacements for

water, electricity or other public works of the township,

provided the maintenance, repairs or replacements do not

constitute new additions, extensions or enlargements of

existing facilities and equipment. Security may be

required by the board of commissioners as in other cases

of work done.

(ii) For improvements, repairs and maintenance of

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any kind made or provided by a township through the

township's own employees if the materials used for street

improvement or construction in excess of the amount

specified or adjusted under subsections (a) and (c) are

subject to the relevant price quotation or advertising

requirements under this section.

(iii) Where particular types, models or pieces of

new equipment, articles, apparatus, appliances, computer

software, vehicles or parts thereof are desired by the

board of commissioners that are patented or copyrighted

products or are needed to ensure compatibility with

existing systems, facilities or equipment.

(iv) For used personal property, such as equipment,

articles, apparatus, appliances, vehicles or parts

thereof being purchased from a public utility, municipal

corporation, county, school district, municipal

authority, council of government, volunteer fire company,

volunteer ambulance service, volunteer rescue squad or

Federal or State Government.

(v) Involving a policy of insurance or a surety

bond.

(vi) Made for public utility service and

electricity, natural gas or telecommunications services.

(vii) Made with another political subdivision or

county or council of governments, consortium, cooperative

or other similar entity created under 53 Pa.C.S. Ch. 23

Subch. A (relating to intergovernmental cooperation) or

the Federal Government, the Commonwealth, an agency of

the Federal Government or the Commonwealth or a municipal

authority, including the sale, leasing or loan of

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supplies or materials by the Federal Government or the

Commonwealth or their agencies. The price may not be in

excess of that fixed by the Federal Government or the

Commonwealth or their agencies.

(viii) Involving personal or professional services.

(ix) For materials and supplies or equipment rental

under emergency conditions under 35 Pa.C.S. Pt. V

(relating to emergency management services).

(x) Involving equipment rental with operators if

more than 50% of the total labor personnel hours required

for the completion of the contract is supplied by the

township through the township's own employees.

(xi) For the purchase of repair parts or materials

for use in existing township equipment or facilities if

the item or material to be purchased is the sole item of

its kind on the market or is manufactured as a

replacement for the original item or equipment being

repaired.

(xii) For emergency maintenance, repairs or

replacements for water, electricity or public works of

the township, if the emergency maintenance, repairs or

replacements do not constitute new additions, extensions

or enlargements of existing facilities and equipment, but

security may be required by the board of commissioners,

as in other cases of work done. The actual emergency and

the nature of the procurement shall be stated in a

resolution by the board of commissioners and adopted at

the next public meeting.

(xiii) For the mitigation of a real or potential

emergency involving a clear and present danger to the

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health, safety and welfare of the residents of the

township. For those contracts or purchases made in cases

of emergencies, the actual emergency and the nature of

the procurement shall be stated in a resolution by the

board of commissioners and adopted at the next public

meeting.

(2) Nothing in this subsection prohibits the board of

commissioners from engaging in advertising, bidding or price

quotations if the board of commissioners determines that the

advertising, bidding or price quotations are in the public

interest.

(h) Other acts.--The board of commissioners shall award

contracts subject to the requirements of and may exercise any

powers granted by the following acts to the extent applicable:

(1) The act of August 15, 1961 (P.L.987, No.442), known

as the Pennsylvania Prevailing Wage Act.

(2) The act of December 20, 1967 (P.L.869, No.385),

known as the Public Works Contractors' Bond Law of 1967.

(3) The act of January 17, 1968 (P.L.11, No.5), known as

The Minimum Wage Act of 1968.

(4) The act of January 23, 1974 (P.L.9, No.4), referred

to as the Public Contract Bid Withdrawal Law.

(5) The act of March 3, 1978 (P.L.6, No.3), known as the

Steel Products Procurement Act.

(6) The act of February 17, 1994 (P.L.73, No.7), known

as the Contractor and Subcontractor Payment Act.

(7) 62 Pa.C.S. Pt. II (relating to general procurement

provisions).

(i) Restriction on compensation and fees.--No person,

consultant, firm or corporation contracting with a township for

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purposes of rendering personal or professional services to the

township may share with any township officer or employee, and no

township officer or employee may accept, any portion of the

compensation or fees paid by the township for the contracted

services provided to the township except under the following

terms or conditions:

(1) Full disclosure of all relevant information

regarding the sharing of the compensation or fees shall be

made to the board of commissioners.

(2) The board of commissioners must approve the sharing

of a fee or compensation for personal or professional

services prior to the performance of the services.

(3) No fee or compensation for personal or professional

services may be shared except for work actually performed.

(4) No shared fee or compensation for personal or

professional services may be paid at a rate in excess of that

commensurate for similar personal or professional services.

§ 5103. Evasion of advertising requirements.

(a) General rule.--

(1) No commissioner shall evade the provisions of

section 5102 (relating to regulation of contracts) as to

advertising for bids by purchasing or contracting for

services and personal properties piecemeal for the purpose of

obtaining prices under $18,500, subject to adjustment under

section 5102(d), upon transactions, which transactions

should, in the exercise of reasonable discretion and

prudence, be conducted as one transaction amounting to more

than $18,500, subject to adjustment under section 5102(d).

(2) This subsection is intended to make unlawful the

evading of advertising requirements by making a series of

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purchases or contracts, each for less than the advertising

requirement price, or by making several simultaneous

purchases or contracts, each below the price, when in either

case, the transactions involved should have been made as one

transaction for one price.

(3) A commissioner who votes in violation of this

subsection and knows that the transaction upon which the

commissioner votes is or should be a part of a larger

transaction and is being divided in order to evade the

requirements as to advertising for bids, shall be jointly and

severally subject to a surcharge for 10% of the full amount

of the contract or purchase.

(4) If it appears that a commissioner may have voted in

violation of this section, but the purchase or contract on

which the commissioner voted was not approved by the board of

commissioners, this section shall not apply.

(b) Violation and penalty.--A commissioner who votes to

unlawfully evade the provisions of section 5102 and who knows

that the transaction upon which the commissioner votes is or

should be a part of a larger transaction and is being divided in

order to evade the requirements as to advertising for bids

commits a misdemeanor of the third degree for each contract

entered into as a direct result of that vote. The penalty under

this subsection shall be in addition to a surcharge that may be

assessed under subsection (a).

§ 5104. Bonds for protection of labor and materials.

(a) General rule.--Before a contract exceeding $10,000 is

awarded to a prime contractor or construction manager for the

construction, erection, installation, completion, alteration,

repair of or addition to a public work or improvement of any

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kind, the contractor shall furnish to the township a payment

bond for the protection of claimants supplying labor or

materials to the prime contractor to whom the contract is

awarded, at no less than 100% of the contract amount,

conditioned for the prompt payment of the materials furnished or

labor supplied or performed in the prosecution of the contract

under the act of December 20, 1967 (P.L.869, No.385), known as

the Public Works Contractors' Bond Law of 1967.

(b) Other requirements.--The bond requirement is in addition

to any other bond requirement required by law to be given in

connection with the contract.

§ 5105. Purchase contracts for petroleum products for fire

companies, rescue companies and ambulance companies.

(a) General rule.-- The board of commissioners of each

township shall have power to permit, subject to terms and

conditions as it may, and as specifically provided, shall,

prescribe a paid or volunteer fire company, paid or volunteer

rescue company and paid or volunteer ambulance company in the

township to participate in purchase contracts for petroleum

products entered into by the township.

(b) Participation.--A company desiring to participate in

purchase contracts shall file with the township secretary a

request to authorize the company to participate in contracts for

the purchase of petroleum products of the township and agreeing

that the company shall be bound by the terms and conditions as

the township may, and as specifically provided, shall, prescribe

and that the company shall be responsible for payment directly

to the vendor under each purchase contract.

the township shall prescribe that all prices shall be free on

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board destination.

§ 5106. Separate specifications for branches of work.

(a) General rule.--In the preparation of specifications for

the erection or alteration of a public building, when the entire

cost of the work exceeds the base amount of $18,500, subject to

annual adjustment under section 5102(d) (relating to regulation

of contracts), the architect, engineer or person preparing the

specifications shall prepare separate specifications for the

plumbing, heating, ventilating and electrical work, and the

township shall receive separate bids upon each of the branches

of work.

(b) Lowest responsible bidder.--The township shall award the

contract for the plumbing, heating, ventilating and electrical

work to the lowest responsible bidder for each of the branches.

§ 5107. Workers' compensation insurance.

(a) General rule.--A contract executed by a township or an

officer of a township that involves the construction or doing of

work involving the employment of labor shall contain a provision

that the contractor shall accept, as far as the work covered by

the contract is concerned, the provisions of the act of June 2,

1915 (P.L.736, No.338), known as the Workers' Compensation Act,

and that the contractor shall insure the contractor's liability

under the Workers' Compensation Act and shall file with the

township with which the contract is made a certificate of

exemption from insurance from the Bureau of Workers'

Compensation of the Department of Labor and Industry. The

following shall apply:

(1) The certificate of exemption from insurance may be

issued on the basis of either individual self-insurance or

group self-insurance.

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(2) A contractor shall file with the township with which

the contract is made any applications to be excepted by the

provisions of the Workers' Compensation Act in respect to

certain employees on religious grounds if the applications

have been accepted by the Department of Labor and Industry.

(b) Violation.--A contract executed in violation of

subsection (a) is void.

§ 5108. Personal interest in contracts and purchases.

Elected and appointed township officials and township

employees are restricted from an interest in township contracts

and purchases to the extent provided under 65 Pa.C.S. Ch. 11

(relating to ethics standards and financial disclosure).

CHAPTER 53

EMINENT DOMAIN, ASSESSMENT OF

DAMAGES AND BENEFITS

Sec.

5301. Exercise of eminent domain.

5302. Restrictions relating to certain property.

5303. Declaration of intention.

5304. Value of land or property not to be assessed as benefits.

5305. Title acquired.

§ 5301. Exercise of eminent domain.

(a) General rule.--A township may acquire property by

eminent domain, including entering upon, appropriating, taking,

using and occupying private lands and property for any of the

following public purposes:

(1) The laying out, opening, widening, extending,

vacating, grading or changing the grades or lines of streets

or highways.

(2) The construction of bridges and the piers and

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abutments for bridges.

(3) The construction of slopes, embankments and storm

water sewers and storm water facilities, the changing of

watercourses, and the construction of sanitary sewer mains,

drains or treatment works.

(4) The erection and extension of water systems, wharves

and docks, public buildings, public works or land for a

public-works-related function, municipal waste processing and

disposal facilities, including municipal waste landfills,

libraries and the establishment of parks, playgrounds and

recreation places.

(5) For all other purposes authorized by this part.

(b) Proceedings.--Eminent domain proceedings shall be

subject to and conform with the provisions of 26 Pa.C.S.

(relating to eminent domain).

§ 5302. Restrictions relating to certain property.

(a) General rule.--In addition to the restrictions made by

other provisions of this part in particular cases or by any

other provision of law, no township shall exercise the right of

eminent domain against:

(1) land now occupied by a building that was used during

the Colonial or Revolutionary period as a place of Assembly

by the Council of the Colony of Pennsylvania, the Supreme

Executive Council of the Commonwealth of Pennsylvania or the

Congress of the United States;

(2) the land occupied by any fort, redoubt or blockhouse

erected during the Colonial or Revolutionary period or a

building used as headquarters by the Commander-in-Chief of

the Continental Army; or

(3) the site of a building, fort, redoubt, blockhouse or

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headquarters that is preserved for the site's historic

associations and not for private profit.

(b) Colonial and Revolutionary period.--For purposes of

subsection (a), the Colonial and Revolutionary period shall be

deemed to have ended on September 3, 1783.

§ 5303. Declaration of intention.

A township shall declare the township's intention to acquire,

enter upon, take, use and appropriate private property or land

for any of the purposes authorized by this part by ordinance or

resolution.

§ 5304. Value of land or property not to be assessed as

benefits.

In the appropriation of land or property for public use,

other than for streets, it shall be unlawful to assess any

portion of the damage done to or value of the appropriated land

or property against the other property adjoining or in the

vicinity of the appropriated land or property.

§ 5305. Title acquired.

Except as otherwise provided by law, if land or other real or

personal property is acquired by a township in eminent domain

proceedings, other than for street or highway or easement

purposes, or is acquired by gift, purchase or otherwise, the

title obtained by the township shall be in fee simple absolute

or like absolute ownership unless the parties agree otherwise in

writing and the agreement expressly appears in a recorded deed

affecting real property acquired by the township or in the

notice of condemnation.

CHAPTER 55

STREETS AND HIGHWAYS

Sec.

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5501. Definitions.

5502. Township street plan.

5503. Certain streets declared public streets.

5504. Power to lay out, open, vacate and alter streets.

5505. Prohibition.

5506. Procedures for laying out, opening, changing, improving

or vacating streets.

5507. Petition for opening.

5508. Notice of petition.

5509. Width of public streets.

5510. Opening and repairing streets.

5511. Street closings and detours.

5512. Street connecting with street of another municipal

corporation.

5513. Acceptance of land for street purposes.

5514. Powers of State and counties preserved.

5515. Exclusive nature of provisions.

5516. Failure of board of commissioners to hold hearing.

5517. Entry on land to maintain marks and monuments.

5518. Bike paths.

5519. Streets in or near public parks.

5520. Elimination of curves and acquisition of views.

5521. Improving or vacating streets by agreement.

5522. Proceedings with or without petition.

5523. Power to open drains and ditches.

5524. Trees and shrubbery within right-of-way.

5525. Protection of streets or highways from snowdrifts.

5526. Naming of streets.

5527. Street lighting, ornamental lighting and traffic control

signals and devices.

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5528. Penalty for destroying signs.

5529. Railroad crossings.

5530. Street permits.

5531. County aid in the improvement of township streets.

5532. Boundary streets.

5533. When center line of street is boundary between township

and another municipal corporation.

5534. Streets having more than half of their width within

township.

5535. Assessment for improvements on property outside limits

where street entirely within township.

§ 5501. Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Improving a street" or "improvement." Work on a street or

portion of a street done or proposed to be done in order to open

the street if the street has not previously been opened or, if

previously opened, to make the street more usable or more

suitable for use by the traveling public or safer for use. The

term includes, but is not limited to, grading, paving and

curbing. The term does not include maintenance or repaving.

"Laying out." The plotting of:

(1) An unopened street or portion of the street on a

township plan or official map adopted in accordance with the

act of July 31, 1968 (P.L.805, No.247), known as the

Pennsylvania Municipalities Planning Code, on a subdivision

or land development plan or by the enactment of an ordinance

adopted in accordance with this chapter.

(2) An unopened street in a case where any of the lines

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of the street are proposed to be revised or in a case where

the street was never previously laid out although the street

may have been opened and used.

"Opened streets." The streets within the township used as

public passageways.

"Opening a street." The construction and grading of a street

or portion of a street and the act of physically taking

possession of an area or laid-out street for the purpose of

making the street usable to the traveling public.

"Portion." A portion either of the width or length of a

street. Opening a portion of a street may mean extending or

widening a street, and vacating a portion of a street may mean

closing or narrowing a street.

"Street." A street, road, lane, alley, court or public

square for or intended for public use. The term includes the

cartway, sidewalk, gutter, curb or right-of-way area, whether or

not the street, or any portion of the street, that is owned in

fee by others than the township. Streets are of two classes,

opened and unopened.

"Unopened streets." The streets within the township neither

used as a public passageway nor accepted or maintained, but

plotted in one of the following:

(1) a township plan or official map adopted in

accordance with the Pennsylvania Municipalities Planning

Code;

(2) an ordinance laying out the street in accordance

with this chapter;

(3) a subdivision or land development plan; or

(4) an individual deed.

§ 5502. Township street plan.

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(a) General rule.--A township that has not maintained an

accurate plan of township streets adopted in accordance with

this chapter prior to the effective date of this section may

only adopt a plan of streets under the act of July 31, 1968

(P.L.805, No.247), known as the Pennsylvania Municipalities

Planning Code.

(b) Deemed amendment.--If a township maintains a plan of

streets adopted prior to the effective date of this section, or

maintains an official map containing opened and unopened

streets, a street laid out in accordance with this chapter by

ordinance or by final approval of a subdivision or land

development plan must be deemed an amendment to the plan.

Notwithstanding any other provision of law, a deemed amendment

as provided under this section and a subsequent placement of the

street on a plan may not be subject to public notice or public

hearing if the street has been laid out in accordance with the

requirements of this chapter.

maintenance of a plan of streets or official map shall not be

required in order for a township to lay out streets in

accordance with sections 5504 (relating to power to lay out,

open, vacate and alter streets) and 5506 (relating to procedures

for laying out, opening, changing, improving or vacating

streets).

§ 5503. Certain streets declared public streets.

(a) General rule.--Every street which has been used for

public travel, and maintained and kept in repair continuously by

the township for a period of at least 21 years under

authorization by the board of commissioners, is a public street

having a right-of-way of not less than 24 feet, even though

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there is no public record of the laying out or dedication for

public use of the street.

(b) Evidence.--In a proceeding under this section, any

relevant oral or documentary evidence of public travel or

maintenance and repairs by the township shall, if presented, be

considered, including, but not limited to:

(1) Maps or surveys which are either generated by any

governmental unit or are created under a judicial proceeding

of the courts of this Commonwealth.

(2) Evidence concerning the distribution of government

funds to the township under the act of June 1, 1956 (1955

P.L.1944, No.655), referred to as the Liquid Fuels Tax

Municipal Allocation Law.

(3) Approved subdivision plans, deeds or other documents

containing a designation of the street as either a township

street or otherwise.

(4) Evidence that the street is an extension from a

public street or public cul-de-sac or a throughway between

other municipal or State streets or provides the only access

to a municipal boundary line.

(5) Court orders, decisions, findings of fact or other

matters of judicial record relating to public or private

rights in the street.

this section:

(1) The frequency of use of a street may be considered

relevant in a proceeding under this section, but, in the

absence of additional findings on the purpose of the use,

shall not alone be sufficient to establish that the street

has been used for public travel.

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(2) The condition or sufficiency of the street surface

for public travel may be considered relevant in a proceeding

under this section, but, absent additional findings of actual

public maintenance and repair, shall not alone be sufficient

to establish maintenance and repair by the township.

(d) Construction.--Nothing in this section shall be

construed as affecting the weight or persuasiveness of any

evidence presented as provided under subsection (b) or the

relevance of any evidence presented except as otherwise provided

in this section.

(e) Presentation of evidence.--In a proceeding in which this

section is relied upon to allege the existence of a public

street, the proponent of the public status of the street shall

present evidence first and the burden shall then shift to the

opponent to present evidence to refute the public status of the

street.

§ 5504. Power to lay out, open, vacate and alter streets.

With regard to a street or portion of a street within

township limits, a township may, with or without petition of

abutting property owners, do any of the following:

(1) Lay out, open, widen, straighten, alter, extend,

relocate and improve.

(2) Establish or reestablish the grades.

(3) Keep in order and repair and in safe passable

condition.

(4) Vacate and discontinue when deemed expedient for the

public good.

(5) With the approval of the Department of

Transportation, vacate highways laid out by the Commonwealth

within the township limits which have remained unopened for

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30 years.

§ 5505. Prohibition.

No street shall be laid out and opened through a burial

ground or cemetery, nor through grounds occupied by a building

used as a place for public worship or as a public or parochial

school or educational or charitable institution or seminary,

unless the consent of the owner of the premises is first

secured.

§ 5506. Procedures for laying out, opening, changing, improving

or vacating streets.

(a) General rule.--Before the enactment of an ordinance for

the laying out, opening, widening, straightening, extending,

altering, improving, relocating or vacating of a street or

highway or portion of a street or highway, the board of

commissioners shall give 10 days' written notice to the owners

of property adjacent to the street or highway or portions of the

street or highway affected of the time and place set for a

hearing on the proposed matter. Witnesses may be summoned and

examined by the board of commissioners and by the parties

interested at the hearing.

(b) Report.--After the hearing and a consideration of the

matter under subsection (a), if the board of commissioners votes

in favor of exercising the power conferred, the board of

commissioners shall make a written report, together with a draft

or survey of the street or highway, which shall include:

(1) the width of the street or highway;

(2) the improvements along the street or highway; and

(3) the names of the owners of property which the street

or highway shall pass through or abut.

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in the recorder of deeds office of the county.

(d) Filing of exceptions.--A resident or property owner

affected by the report may, within 30 days after the filing of

the report of the board of commissioners, upon entering in the

court sufficient surety to indemnify the board of commissioners

for all costs incurred in the proceedings, file exceptions to

the report, together with a petition for a review.

(e) Process.--The following shall apply after the expiration

of the term allowed for filing exceptions or upon an order of

the court upon disposition of any exceptions:

(1) If the board of commissioners desires to lay out,

open, widen, straighten, alter, extend, improve, relocate or

vacate the street or highway or portion of the street or

highway, the board of commissioners shall enact an ordinance

for the actions.

(2) The court of common pleas, on application by

petition by the board of commissioners or any person

interested, shall appoint three viewers from the county board

of viewers to assess the damages and benefits occasioned by

the proceeding unless the damages and benefits are otherwise

agreed upon.

§ 5507. Petition for opening.

(a) General rule.--A petition may be presented to the board

of commissioners for the opening, widening, straightening,

extending, altering, improving, relocating, vacating or

establishing or reestablishing the grade of a street.

(b) Requirements.--A petition made under this section must

be:

(1) Signed by a majority, in number and interest, of the

owners of property abutting on the line of the proposed

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improvement or vacation as fixed at the time of presentation

of the petition.

(2) Verified by affidavit of one or more of the

petitioners.

(3) Accompanied by payment of reasonable and necessary

fees established by resolution in a form acceptable to the

township. Fees may include the reasonable and necessary costs

and expenses anticipated to be incurred by the township in

responding to the petition, including advertising,

engineering, hearing, legal and similar costs.

undivided interests in a piece of property shall be deemed as

one person for the purposes of the petition.

§ 5508. Notice of petition.

(a) General rule.--After a petition has been presented as

provided under section 5507 (relating to petition for opening)

and the board of commissioners has determined the adequacy of

the petition, but before final enactment of any ordinance

enacted as provided in the petition, notice shall be published

once in a newspaper of general circulation as provided under

section 1107 (relating to legal advertising), and handbills

shall be posted in conspicuous places along the line of the

proposed improvement.

(b) Requirements.--The notice and handbills shall include

the following:

(1) A statement that the petition for the improvement

was signed by a majority, in interest and number, of the

owners of property abutting the line of the proposed

improvement.

(2) That a person interested may provide comments at a

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public hearing to be held at a date, time and place as stated

in the published notice and handbills.

of commissioners determines to proceed with the consideration of

an ordinance pursuant to the petition, the board of

commissioners shall publish notice of the proposed ordinance and

incorporate reference to any maps or drawing in accordance with

Chapter 77 (relating to ordinances).

§ 5509. Width of public streets.

(a) General rule.--The width of a street in a township shall

not be less than 24 feet nor more than 120 feet. The minimum

required width shall be in addition to the width required for

necessary slopes in cuts or fills.

(b) Width of alleys.--The width of an alley shall be subject

to the discretion of the board of commissioners.

§ 5510. Opening and repairing streets.

(a) General rule.--Laid out public streets in a township

shall, as soon as practicable, be effectually opened and

constantly kept in repair. All streets shall, in all seasons, be

kept reasonably clear of all impediments to easy and convenient

traveling, at the expense of the township.

(b) Effect of proceedings.--When proceedings have been

initiated under this part for the opening and laying out of a

public street in a township, the street shall be physically

opened for use by the public within a period of five years after

the completion of the proceedings. If the street is not opened

or if no proceedings have been commenced to compel the opening

in five years, then the proceedings are void and the land

proposed to be taken shall revert to the owners of the land free

of any easement or right of the public to use the land.

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§ 5511. Street closings and detours.

(a) General rule.--The following shall apply to the closing

of a street to vehicular traffic:

(1) No street shall be closed to vehicular traffic,

except upon order of the board of commissioners or, in cases

of emergency when immediate action is necessary to protect

public safety, by order of the police, an authorized fire

official or other authorized public employee.

(2) A street may not remain closed for a longer period

than is necessary for the purpose for which the order to

close was issued.

(3) Except in cases of emergency when immediate action

is necessary to protect public safety, no street shall be

closed to vehicular traffic when the street has been

designated as a detour by the Department of Transportation,

unless the Secretary of Transportation has provided written

consent or the board of commissioners has, by resolution duly

recorded on the minutes, declared the closing necessary for

the safety of the public.

(4) When a street which forms a part or section of a

State highway or has been designated as a detour by the

Department of Transportation is closed to vehicular traffic,

the township shall at once notify the Department of

Transportation of the creation of a detour under this

section. The Department of Transportation shall be notified

immediately after the detour is removed.

(5) When a street is to be closed, it shall be the duty

of the board of commissioners or official authorizing the

closing to immediately designate or lay out a detour.

(6) While the detour is in use, legible signs shall be

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erected and maintained at reasonable intervals indicating the

proper direction and the detour shall be maintained in a safe

and passable condition, except in the case of State or county

highways.

(7) When the street that had been closed is opened for

traffic, all detour signs shall be removed.

(8) Except in the case of State or county highways, the

board of commissioners shall, as soon as possible, repair the

street designated as a detour and place the street in a

condition at least equal to the street's condition when

designated as a detour.

(b) Use of private lands.--

(1) The board of commissioners may enter into an

agreement with the owners of private lands, covering the

acquisition of right-of-way privileges for a detour over

private property for the period when the street shall be

closed to traffic.

(2) If the parties cannot reach an agreement, the

township may proceed with the construction of the detour with

the owner of the property taken for the detour entitled to

seek damages, if any, in the same manner as damages are now

ascertained for the opening of streets in the township.

the rights conferred by this section relating to detours, the

board of commissioners is empowered to pay for the necessary

maintenance, subsequent repair and land rental out of the money

available for the construction and maintenance of township

streets.

(d) Violation.--A person who willfully removes, defaces,

destroys or disregards a barricade, light, danger sign, detour

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sign or warning of any other type legally erected or placed or

who drives on, over or across a street which has been closed by

proper authority commits a summary offense punishable upon

conviction in accordance with section 7711 (relating to fines

and penalties).

(e) Exception.--A person who has no outlet due to the

closing of a street may drive on, over or across the street,

subject to reasonable conditions as may be prescribed by the

township, without being subject to the penalties imposed by this

section.

(f) Damages.--In addition to the penalties provided in

subsection (d), the township or the township's agents or

contractors may, in an action at law, recover damages, including

costs of labor, materials and prosecution from a person who

damages a street when the street is closed to vehicular traffic.

(g) Money collected.--All money collected under the

provisions of this section shall be paid over to the township

treasurer.

(h) Excessive or unusual conditions.--The board of

commissioners may temporarily close a street when the board of

commissioners determines that excessive or unusual conditions

have rendered the street unfit or unsafe for travel, and

immediate repair, because of the time of year or other

conditions, is impracticable. The street or portion of the

street closed shall be properly marked at the street's

extremities and a means of passage for the customary users of

the street shall, whenever possible, be provided.

§ 5512. Street connecting with street of another municipal

corporation.

(a) General rule.--All streets partly within a township of

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the first class shall be laid out, opened, widened,

straightened, altered, extended, vacated, improved, relocated or

have grades established or reestablished under this chapter to

the extent the street or portion of the street is within the

township.

(b) Streets outside township.--

(1) The procedures applicable to any portion of the

street outside the township shall be as provided by the code

applicable to the classification of the other municipal

corporation with which the street is shared.

(2) Notwithstanding paragraph (1), no action may be

taken under this chapter that would result in the change of

location or grade or the vacation of a street or portion of

the street that connects with a street of another municipal

corporation without approval of the court of common pleas of

the county in which the other municipal corporation is

located, unless the municipal corporation first files with

the township secretary the municipal corporation's approval

of the proposed action.

§ 5513. Acceptance of land for street purposes.

(a) Board acceptance of land.--The board of commissioners

may, by ordinance or resolution, accept in the name of the

township any land dedicated by deed to the township to be used

in any manner for street purposes.

(b) Certain designations prohibited.--No person shall

construct, open or dedicate any street or drainage facilities in

connection with the street for public use or travel in a

township without first submitting plans to the board of

commissioners for approval. The plans shall be prepared in

accordance with rules and regulations as may be prescribed by

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the board of commissioners and shall show the profiles of the

streets, the course, structure and capacity of any drainage

facilities, the method of drainage of the adjacent or contiguous

territory and any other details required under the rules and

regulations adopted by the board of commissioners.

No.247), known as the Pennsylvania Municipalities Planning Code,

shall apply to the construction, security requirements and

dedication of streets and connected drainage facilities if the

streets proposed to be constructed are part of a plan required

by an ordinance adopted under the Pennsylvania Municipalities

Planning Code.

(d) Board powers.--

(1) Before acting upon plans not subject to review under

subsection (c), the board of commissioners may, in the

board's discretion, arrange for a public hearing, after

giving notice as the board of commissioners may deem

desirable in each case. The board of commissioners may alter

the plans and specify changes or modifications of any kind

and may make the approval of the plans subject to

alterations, changes or modifications. Plans, when approved,

shall be signed on behalf of the township by an officer as

the commissioners may designate, and an approved copy shall

be filed in the township engineer's office or other proper

office and be available for public inspection.

(2) No street or drainage facilities in connection with

the street shall be opened, constructed or dedicated for

public use or travel except in compliance with plans approved

by the board of commissioners and until the approved plan is

recorded as required in this chapter.

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(e) Board refusal to approve.--If the board of commissioners

refuses to approve a plan submitted to the board under this

section, a person aggrieved by the action of the board of

commissioners may, within 30 days after the action, appeal from

the action by petition to the court of common pleas, and the

court shall hear the matter de novo. The following shall apply:

(1) After a hearing, the court may enter a decree

affirming, reversing or modifying the action of the board of

commissioners as may appear just.

(2) The court shall designate the manner in which

notices of the hearing of an appeal shall be given to all

parties interested.

(3) The decision of the court shall be final.

(4) A plan approved by the action of the board of

commissioners or by the court on appeal shall be recorded by

the person applying for approval in the office of the

recorder of deeds of the county.

(f) Limitations.--If a street or drainage facilities in

connection with a street is opened, constructed or dedicated for

public use or travel, except in compliance with plans approved

and recorded, neither the board of commissioners nor a public

authority shall be required to place, construct or operate a

sewer, drain, water pipe or other facilities or do any work of

any kind in or upon the street. Neither the board of

commissioners nor any other public authority shall have any

responsibility of any kind with respect to the street or

drainage facilities, even if the street or drainage facilities

are in use by the public, unless the street or drainage

facilities are accepted by ordinance or by deed of dedication.

Nothing in this part shall prevent the laying of trunk sewers,

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drains or water or gas mains if required by engineering

necessity for the accommodation of other territory.

(g) Failure to obtain plan approval.--If a person opens a

street or drainage facility in connection with the street

without submitting and obtaining approval of plans as provided

in this section, and if the board of commissioners shall have no

information that the street or drainage facility is intended for

public use or travel, the board of commissioners may, in the

board's discretion, file with the recorder of deeds of the

county a certificate containing a description of the land served

by the street or drainage facility in connection with the

street. The board of commissioners shall include a statement

that, as the board of commissioners have not approved the plans,

neither the board of commissioners nor any other public

authority shall have any responsibility to furnish any

facilities or services with respect to the land or have any

responsibility of any kind with respect to the street or

drainage facility. The owner of the land shall be designated and

indexed as grantor in the records of the office of the recorder

of deeds, and the township shall be designated and indexed as

grantee. It shall not be necessary for the certificate to be

executed by any party other than the board of commissioners

filing the certificate.

(h) Enforcement and failure to certify.--

(1) Nothing in this section shall be deemed to prevent

the board of commissioners from enforcing the provisions of

this part in which a street or drainage facility in

connection with the street is intended for public use or

travel.

(2) If a township fails to file a certificate under

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subsection (g), nothing in this section shall be interpreted

to create a deemed approval of the plans nor create any

responsibility of the township with respect to the land,

street or drainage facility.

(i) Offense.--A person who constructs, opens or dedicates a

street or drainage facilities for public use or travel in a

township without having first complied with the provisions of

this section and of any ordinances or resolutions of the board

of commissioners commits a misdemeanor of the third degree and

is subject to suit for all costs and damages incurred by the

township or property owners in the course of correcting

substantive violations of State or municipal law or regulations

resulting from or arising out of the unlawfully constructed

street or facility. All money recovered shall be paid to the

township treasurer.

(j) No maintenance required.--No approval of plans by the

board of commissioners shall obligate or require the township to

construct, reconstruct, maintain, repair or grade the streets.

§ 5514. Powers of State and counties preserved.

Nothing contained in this chapter shall be held to restrict

or limit the Department of Transportation or any county in the

exercise of any duties, powers and functions under the

provisions of State law.

§ 5515. Exclusive nature of provisions.

No street may be dedicated, accepted, acquired, laid out,

opened or vacated by a township except under this chapter.

§ 5516. Failure of board of commissioners to hold hearing.

If, after the filing of a petition under this chapter, the

board of commissioners fails to hold a required hearing, an

aggrieved party may file a mandamus action in the court of

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common pleas requesting that a hearing be held.

§ 5517. Entry on land to maintain markers and monuments.

The board of commissioners and the board of commissioners'

agents and employees may enter upon any land or property to

maintain markers and monuments as the board of commissioners

deems necessary in carrying out the board of commissioners'

powers and duties under this chapter.

§ 5518. Bike paths.

The board of commissioners may provide for the construction

and maintenance of bike paths for the protection or convenience

of the traveling public.

§ 5519. Streets in or near public parks.

(a) Creation, relocation or alteration of parks.--The board

of commissioners may contract with the Commonwealth, a county or

a municipal corporation owning and operating parks inside the

township to establish, relocate, alter or vacate public streets

inside or contiguous to those parks. The board of commissioners

shall take no action with respect to the public streets without

the written consent and agreement of the Commonwealth, county or

municipal corporation owning and operating the parks. A street,

when altered or relocated under this section, shall be

maintained and repaired the same as other township streets.

(b) Ordinance required.--The agreement shall be adopted by

ordinance and within 30 days the street shall be a public street

of the township.

a public street may be located or relocated may apply by

petition to the court of common pleas, specifying the injury

that has been sustained by reason of the relocation of the

public street. The proceedings relative to the assessment and

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payment of damages of the landowner shall be in accordance with

26 Pa.C.S. (relating to eminent domain).

§ 5520. Elimination of curves and acquisition of views.

(a) Land acquired by township.--Any township may, singly or

jointly with another municipality, acquire, by purchase or by

the right of eminent domain, lands or easements along or

adjacent to any township street that may be necessary to

eliminate dangerous curves, widen streets or provide a free and

unobstructed view down and across lands located at or near the

intersection of any two streets or highways, or a street or

highway and a railroad or railway, or at a curve in a street or

highway, for the better protection and safety to the traveling

public.

(b) Postcondemnation abatement.--After condemnation, the

township may abate or remove, or cause to be abated or removed,

any obstruction to the view over and across the lands.

condemnation of lands and for the assessment of damages for

property, or portions of property, taken, injured or destroyed,

agreed to be paid by the township if the taking is jointly with

another municipality, shall be taken in the manner provided

under the law governing eminent domain.

(d) Fair use.--Upon the purchase or condemnation of lands or

easements for a free and unobstructed view, the owner of the

lands may make every use of the lands that will not interfere

with a free and unobstructed view at the dangerous crossing or

curve.

§ 5521. Improving or vacating streets by agreement.

(a) Board powers after damages.--When the board of

commissioners constructs, changes, widens, relocates, vacates or

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alters any portion of a public street under the board of

commissioners' supervision, and can agree with the property

owners affected by the change as to damages, the board of

commissioners may, upon payment of damages agreed upon,

construct, change, widen, relocate, vacate or alter the portion

of the street as contemplated in the agreement without the

formality of a view.

(b) Record of agreement.--A copy of the agreement stating

the facts regarding the construction, change, widening,

relocation, vacation or alteration, accompanied by a map or

draft of the street agreed to be constructed, changed, widened,

relocated, vacated or altered, shall be presented and recorded

in the office of the recorder of deeds or similar office in home

rule counties after which the new location is the public street

or the old location is vacated.

be construed to prohibit a township from paying for curbs,

gutters, sidewalks, retaining walls and incidental work

necessitated by such construction, change, alteration,

relocation, vacation or widening in cases where the necessary

land is dedicated to the township for public use.

§ 5522. Proceedings with or without petition.

A township may improve streets, portions of streets or a

particular width or additional widths of streets, with or

without the assistance or contribution of the Federal

Government, the Commonwealth, the county or a corporation

occupying the thoroughfare, and may assess and collect the

following from the owners of real estate abutting on the

improvement in accordance with Chapter 63 (relating to

assessments for public improvements):

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(1) The whole cost of improvement.

(2) The whole cost of improvement not aided or

contributed to by the Federal Government, the Commonwealth,

the county or a corporation.

(3) Any part of the cost .

§ 5523. Power to open drains and ditches.

(a) Maintenance.--The board of commissioners or its agents

and employees may enter any lands or enclosures and cut, open,

maintain and repair drains or ditches through the property when

necessary to carry the water from the streets.

(b) Summary offense.--A person who damages or diverts a

drain or ditch without the authority of the board of

commissioners commits a summary offense and is liable for the

cost of restoring the drain or ditch. All money recovered under

this subsection shall be paid to the township treasurer.

§ 5524. Trees and shrubbery within right-of-way.

(a) Modifications to obstacle permitted.--In order to

provide for easy and convenient traveling upon the public

streets or highways, the board of commissioners may cut, alter

or remove trees, shrubbery, underbrush, refuse or obstructions

within the legal width of a public street or highway, or any

portion of a public street or highway.

(b) Brush.--All logs, cordwood, branch wood or other forms

of wood derived from the destruction or removal of trees growing

along streets or highways shall be surrendered to and remain the

property of the abutting owners, provided that the abutting

owners shall, within 10 days after notice from the township,

remove the logs, cordwood, branch wood or other forms of wood

from the legal width of the street or highway. In the event of

the abutting owners' failure to remove the wood, the abutting

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owners shall forfeit all interest in the wood and the wood may

be disposed of as the board of commissioners deems proper.

§ 5525. Protection of streets or highways from snowdrifts.

(a) Entrance on private property for snow fence.--A township

may enter upon private property adjacent to a public street or

highway and place on the private property a snow fence to within

a limit of 100 feet from the right-of-way line of the public

street or highway in order to eliminate snow drifting on the

traveled portion of the street.

(b) Snow fence limitations.--A snow fence may not be placed

before the first day of November or remain in place after the

first day of April of the succeeding year unless the written

consent of the owner of the adjacent property is obtained

agreeing to an extension of time for the removal of the snow

fence.

and the owner of the property upon which a snow fence is placed

and removed under this section cannot agree to the amount of

compensation, if any, to be paid to the owner for placing the

snow fence, including the amount of damages, if any, to be paid

for injury to the property resulting from placing and removing

the fence, the owner may petition the court of common pleas of

the county for the appointment of viewers to ascertain the

amount of damage incurred in the manner provided in this part

for eminent domain proceedings. Damages, if any, when

ascertained, shall be paid by the township from the general

township fund.

§ 5526. Naming of streets.

The board of commissioners may provide for and regulate the

naming of streets and highways. When the naming of a street or

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highway will affect signage maintained by the Department of

Transportation, the board of commissioners shall notify the

department.

§ 5527. Street lighting, ornamental lighting and traffic

control signals and devices.

The board of commissioners may provide street lights and

ornamental lighting and make regulations for the protection of

lighting. The board may assess the costs of street lighting and

ornamental lighting in accordance with Chapter 63 (relating to

assessments for public improvements). The board may provide for

the erection, maintenance and operation of traffic control

signals and devices in accordance with 75 Pa.C.S. (relating to

vehicles).

§ 5528. Penalty for destroying signs.

(a) Unlawful sign modification or destruction.--It shall be

unlawful for a person to willfully destroy, remove, injure or

deface a sign legally erected upon or near a public street,

highway or bridge by the board of commissioners, or legally

erected with the consent of the board of commissioners over a

public street, highway or bridge, by a club, association or

other organized body, for the direction, guidance or safety of

travelers. It shall also be unlawful for a person to willfully

destroy, remove, injure or deface a temporary traffic-control

device legally erected to enhance traffic or worker safety in a

construction or maintenance work zone, including cones, batons,

barrels, barricades, signs, sign trucks, arrow boards or other

devices specified in a traffic safety plan approved by the

township or the Department of Transportation.

(b) Summary offense.--A person who violates this section

commits a summary offense and, upon conviction, shall be

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punished in accordance with section 7711 (relating to fines and

penalties), which may include the costs of labor, materials and

prosecution. Money collected shall be paid to the township

treasurer.

§ 5529. Railroad crossings.

(a) Rail crossings above and below.--Every township

constructing a street across a railroad shall construct the

street above or below the grade of the railroad, unless

permitted by the Pennsylvania Public Utility Commission to

construct the street at grade.

(b) New construction.--New construction of a street crossing

a railroad or the vacation of a street crossing a railroad shall

be constructed or vacated only in the manner consistent with the

rules and regulations and under the jurisdiction of the

Pennsylvania Public Utility Commission.

adjacent property taken, injured or destroyed by the

construction of a street crossing a railroad or the vacation of

a street crossing a railroad shall be ascertained, fixed and

paid under 66 Pa.C.S. Pt. I (relating to public utility code).

§ 5530. Street permits.

No railroad or street railway shall be constructed upon a

township street, nor shall a railroad or street railway

crossings, driveway connections, gas pipes, water pipes,

electric conduits or other piping be laid upon or in, nor shall

a telephone, telegraph or electric light or power poles or coal

tipples or other obstructions or facilities of nonpublic utility

communication providers be erected upon or in any portion of a

township street, except under conditions, restrictions and

regulations, and subject to the payment of fees for permits as

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may be prescribed and required by the board of commissioners not

exceeding the reasonable cost of issuing the permit and expense

of inspecting the work authorized by the permit upon completion

of the work. All fees collected for permits shall be paid into

the township treasury.

§ 5531. County aid in the improvement of township streets.

(a) Improvement.--Whenever the owners of the majority of the

assessed valuation of real property within a township desire a

principal street within the township to be improved and

maintained at the joint expense of the county and township, the

owners may petition the board of commissioners of the township

for the improvement and require the board of commissioners to

make application to the county commissioners for the improvement

and maintenance in accordance with the provisions of existing

law.

(b) Board inaction and court order.--If the board of

commissioners refuses to act upon, or unduly delays action on, a

petition for the improvement and maintenance of a street, a

citizen taxpayer of the township or county may, by petition,

present the facts of the matter to the court of common pleas and

request the court to order an action as the case may require.

If, after due hearing had before the court, it appears that the

truth of the matters alleged in the petition are sustained, the

court shall make an order directing the board of commissioners

to act upon the application or applications, and that the

application or petition for the improvement be forwarded to the

county commissioners.

§ 5532. Boundary streets.

(a) Boundary streets.--When a street, other than a State or

county road, is created or located along, on or over boundaries

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between a township and any other municipal corporation, the

creation, location, construction, maintenance and repair of the

street shall be the joint responsibility of the township and the

municipal corporation with which the common boundary is shared.

(b) Board agreements.--The board of commissioners may make

agreements with the governing body of the municipal corporation

with which the common boundary is shared to provide for the

apportionment of the cost of construction, maintenance and

repair of boundary streets.

proportionate share of costs of construction, maintenance and

repair of boundary streets cannot be executed, the board of

commissioners or the governing body of the other municipal

corporation involved may petition the court of common pleas of

the county for a determination of the rights and

responsibilities of the respective municipal corporations

involved.

(d) Court order.--The court, after hearing of which notice

shall be given to all parties interested as the court may

direct, shall make an order directing the manner of the opening

and maintenance and the division of the costs between the

township and the other municipal corporation.

§ 5533. When center line of street is boundary between township

and another municipal corporation.

(a) Municipal corporation contracts.--A township may enter

into a contract with a municipal corporation to provide for the

grading, curbing, draining and paving of a street that

constitutes the dividing line between the township and the

municipal corporation.

(b) Alterations and improvements.--The alterations and

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improvements shall be made under the supervision of the township

or municipal corporation, or by contract let by the township or

the municipal corporation, as may be provided for in the

contract between the township and the municipal corporation.

§ 5534. Streets having more than half of their width within

township.

(a) General rule.--If a street, more than one-half the width

of which is within the limits of the township, divides the

township from any other municipal corporation, the street may be

improved by the township in the same manner as if the street

were entirely located within the limits of the township.

(b) Assessment.--The property, within or outside the

township, that abuts the street and benefits from the

improvements may, for a depth of 150 feet plus one-half the

width of the street measured from the street's center line, be

assessed for any and all municipal improvements to or on the

street in the same manner as the property would be assessed

under the provisions of this chapter if the property were

entirely located within the limits of the township.

§ 5535. Assessment for improvements on property outside limits

where street entirely within township.

If a street, entirely within the limits of a township,

divides the township from any other municipal corporation, the

property on the side of the street, within or outside the

township, that abuts the street and benefits from the

improvement may, for a depth of 150 feet from the street's

center line, be assessed for any and all municipal improvements

to or on the streets on which the property abuts in the same

manner as the property would be assessed under the provisions of

this title if the property were entirely located within the

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limits of the township.

CHAPTER 57

BRIDGES

Sec.

5701. Construction and acquisition of bridges.

5702. Maintenance.

5703. Boundary bridges.

§ 5701. Construction and acquisition of bridges.

(a) Construction generally.--A township may erect and

construct or acquire by purchase, condemnation or otherwise, a

bridge and the piers, abutments and approaches for the bridge,

to be used, improved and maintained as a street whether the

bridge is wholly or partly within the township limits.

(b) Proceedings.--The proceedings for laying out and opening

a bridge shall be the same as provided by this part for the

laying out and opening of streets, and the bridge or portion of

the bridge may be vacated under the same procedure as provided

in this part for the relocation or vacation of streets or

portions of streets.

duties.--Nothing in this chapter shall affect the powers or

duties of the Pennsylvania Public Utility Commission to the

extent otherwise provided by law.

(d) Obstructions prohibited.--Bridges over railroads shall

not obstruct the railroad over which the bridge is built.

Nothing in this section shall release the railroad or other

companies or the Commonwealth from the requirements of existing

laws.

(e) Definition.--As used in this chapter, the term "bridge"

shall mean a structure built to span and provide passage over a

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valley, street, railroad track, private property, gully, river,

creek, stream or any other body of water or physical obstacle

and shall include viaducts constructed from a series of spans or

arches.

§ 5702. Maintenance.

(a) Maintained as township structure.--A bridge shall be

maintained as a township structure, and the township may

contract with any party interested, except the county, for the

maintenance of the bridge.

(b) Unrecorded county bridge.--If a bridge, or part of a

bridge, has been built by the county, or the whole or part of

the money necessary to build the bridge has been furnished by

the county, and the bridge has not been entered on record as a

county bridge, the bridge shall be maintained, kept in repair

and rebuilt, when necessary, by the township or municipal

corporation in which, or on the boundary line of which the

bridge is located, without rendering the county liable for the

maintenance and repair of the bridge.

§ 5703. Boundary bridges.

(a) Intergovernmental cooperation permitted.--If a bridge

crosses the boundary line of a township and another municipal

corporation, the township may enter into an intergovernmental

cooperation agreement in accordance with 53 Pa.C.S. Ch. 23

Subch. A (relating to intergovernmental cooperation) with the

municipal corporation for the construction and maintenance of

the bridge and for apportionment of the costs.

(b) Court petition.--If an amicable agreement on the

proportionate share of costs of construction, maintenance and

repair of boundary bridges cannot be executed, the board of

commissioners or the governing body of the other municipal

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corporation involved may petition the court of common pleas of

the county or counties for a determination of the rights and

responsibilities of the respective municipal corporations

involved.

CHAPTER 59

SIDEWALKS

Sec.

5901. Power to lay out and establish grades.

5902. Width.

5903. Paving and curbing sidewalks.

5904. Repair of sidewalks.

5905. Emergency repairs.

§ 5901. Power to lay out and establish grades.

Townships may, by ordinance, lay out and establish sidewalks,

curbs, gutters and surface water drains along any street and,

with the consent of the Secretary of Transportation, along any

State highway, and, with the consent of the county

commissioners, along any county road. Townships may establish

grades for the sidewalks, which may be separate and apart from

the grade established for the street or highway. For the

purposes of this section, a township may acquire land by

purchase, gift or the right of eminent domain.

§ 5902. Width.

The width of a sidewalk shall be fixed by the board of

commissioners either by ordinance or resolution.

§ 5903. Paving and curbing sidewalks.

(a) General rule.--Townships may, upon notice as provided by

ordinance, require owners of property abutting on a street,

including State highways and county roads, to construct, grade,

pave, curb, repave and recurb the sidewalks along the property

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under regulations and specifications prescribed by ordinance.

All reconstruction, repaving and recurbing may be provided for

in the ordinance providing for the original construction, paving

and curbing, without the necessity for adopting a new ordinance

providing for the reconstruction, repaving and recurbing.

(b) Failure to comply.--Upon the failure of a property owner

to comply with the notice under subsection (a), a township may

cause the construction, grading, paving, curbing, repaving and

recurbing to be done by the township itself or by contract, and

to levy and collect the cost of the work from the property owner

abutting the sidewalk.

under subsection (b) may be levied against and collected from

the owner who failed to complete the work after notice to do so,

together with a penalty of 10% of the costs and all charges and

expenses. The costs, penalties, charges and expenses provided

for shall be a lien upon the property for which the notice to do

the work was given. The lien shall exist from the time of the

commencement of the work, which date shall be fixed by the

township engineer and certified to the township secretary in

accordance with section 3504 (relating to certificate of

commencement and of completion of municipal improvements). A

lien may be collected by action in assumpsit or by lien filed in

the manner provided by law for the filing and collection of

municipal claims, or the cost of any construction, grading,

paving, curbing, repaving and recurbing may be borne in whole or

in part by the township. If the township pays in part, the

remaining cost shall be collected as provided by this section.

(d) Notice.--

(1) Each notice shall be served upon the owner of the

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premises to which the notice refers, if the owner is a

resident of the township. If the owner is not a resident, the

notice may be served upon the agent or tenant of the owner or

upon the occupant of the premises. If the owner has no agent

or tenant or there is no occupier of the premises, service

shall be by notice posted upon the premises.

(2) The notice required by this section shall specify a

period of time of not less than 60 days for the owner to

complete the specified work. If the work has not been

completed after the specified time has elapsed, the owner

shall be deemed to have failed to comply.

§ 5904. Repair of sidewalks.

(a) General rule.--The owners of property abutting any

street, including State highways and county roads, shall keep

the sidewalk, together with any portion of the property paved

along such a street and used as a sidewalk or public walk, in

good order and repair, and, at all times, free and clear of all

obstruction to safe and convenient passage.

(b) Failure to comply.--If the property owner neglects to

perform the duty imposed in subsection (a), the board of

commissioners may serve written notice upon the property owner

under section 5903(d)(1) (relating to paving and curbing

sidewalks) to do what is necessary. If the property owner fails

to comply with the requirements of the notice within 30 days

from the date of service, the township may make the necessary

repairs or remove any obstruction. The cost of the work,

together with a penalty of 10%, shall be paid by the delinquent

property owner and may be collected by action of assumpsit, or

the township may file a municipal lien against the property.

§ 5905. Emergency repairs.

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(a) General rule.--A township may make emergency repairs to

sidewalks within the township's corporate limits if an officer

or designated individual representing the department or

committee in charge of repairs to sidewalks upon inspection

determines that a substantial and immediate danger exists to

public health, safety and welfare.

(b) Report.--The officer or individual shall prepare a

written report of the conditions which shall be conclusive

evidence of the existence of the emergency justifying the

repair.

additional remedy for townships in connection with emergency

repairs of sidewalks.

(d) Service.--

(1) A copy of the written report shall be served upon

the abutting property owner, along with a notice to make

emergency repairs to the sidewalk within 48 hours of service

of the notice and report.

(2) The notice and copy of the report shall be served

under section 5903(d)(1) (relating to paving and curbing

sidewalks).

(3) The report shall expressly state that emergency

repairs are required.

(4) If the owner fails to make the emergency repairs

within the prescribed time, the township may make the

emergency repairs to the sidewalk.

(e) Cost.--Upon the completion of emergency repairs, the

cost of the repairs shall be a charge against the owner of the

abutting property and shall be a lien, until paid, upon the

abutting property, provided that a claim is filed for the lien

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in accordance with the law providing for the filing and

collection of municipal claims.

(f) Collection.--The amount of the claim against the owner

of the abutting property may also be collected from the owner by

an action in assumpsit.

CHAPTER 61

SANITARY SEWERS AND DRAINS

Subchapter

A. Establishing and Constructing Sewer And Drainage Systems,

Sewer Connections and Rates, Disposal of Sewage and

Assessment of Cost of Construction

B. Acquisition of Sewer System from Private Interests and

Distribution of Costs

C. Contracts with Individuals or Corporations for

Construction and Maintenance of Sewer and Drainage

Systems

D. Sewers and Drains in Streets or Highways or Over Private

Property and Assessment of Cost of Construction According

to Benefits

E. Sewers under State and County Highways

F. Connecting with Adjoining Sewer

G. Joint Sanitary Sewers and Drains

SUBCHAPTER A

ESTABLISHING AND CONSTRUCTING SEWER AND

DRAINAGE SYSTEMS, SEWER CONNECTIONS AND RATES,

DISPOSAL OF SEWAGE AND ASSESSMENT OF COST OF

CONSTRUCTION

Sec.

6101. Power to establish and construct sewers and drains and

require connections and sewer rentals.

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6102. Required connection and fees.

6103. Notice of contemplated construction.

6104. Location of sanitary sewers on private property.

6105. Treatment works and facilities.

6106. Cost of construction and payment.

6107. Sewer districts.

6108. Assessments.

§ 6101. Power to establish and construct sewers and drains and

require connections and sewer rentals.

(a) Establishment and construction.--Townships may establish

and construct a system of sanitary sewers and drainage, locating

the system, as far as practicable, in the right-of-way of the

street in a street. The system may be for the service and use of

properties on both sides of the street or on only one side of

the street in which the system is laid, as seems advisable to

the township commissioners.

(b) Connections.--The board of commissioners may, in

accordance with section 6102(a) (relating to required connection

and fees), permit, and, if necessary for the public health by

ordinance, require an owner of property benefited, improved or

accommodated by sanitary sewers, to make connections with the

sanitary sewer system in the manner specified by the board of

commissioners. All connections required shall be uniform.

ordinance, make regulations relating to the use and maintenance

of the sanitary sewer system and treatment works. Violations of

the ordinance may be enforced by penalties. The regulations may

do all of the following:

(1) Specify materials and substances which may or may

not enter the public sewer or sewer system.

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(2) Require that certain types or classes of waste be

subjected to treatment or to grinding or other reduction in

size before entering into the sewer.

(3) Restrict the quantity of waste material that may

enter a sanitary sewer from a premises within any time

interval.

(d) Rate.--

(1) Each person whose property is connected to a

sanitary sewer system shall pay a monthly, quarterly,

semiannual or annual rate to the township, in addition to the

cost of making connections to the sanitary sewer system.

(2) The initial imposition of the rate under paragraph

(1) shall be established by ordinance. Any subsequent rate

adjustments may be by resolution, provided that the ordinance

establishing the rate allows for future rate adjustments by

resolution adopted at a public meeting. This paragraph shall

not be construed to invalidate or void any rate imposed or

adjusted prior to the effective date of this section.

(3) The rate under this subsection shall constitute a

lien, until paid, against the property connected to the

sanitary sewer system, and the amount may be recovered by due

process of law through an action in assumpsit in the name of

the township against the owner of the property charged or by

a lien filed in the nature of a municipal lien.

(e) Data.--All water utilities supplying water to users

within the boundaries of a township shall, at the request of the

board of commissioners, furnish to the township, on or before

the 15th day of the month following the month during which bills

are issued, a list of all water meter readings and flat-rate

water bills and the basis for each flat-rate water charge, so

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that the data may be used in calculating sewer rates. The

township may reimburse utilities reasonable amounts for

necessary clerical and other expenses incurred in the

preparation of the lists.

(f) Construction.--Nothing in this section shall be

construed to repeal or modify any of the provisions of 66

Pa.C.S. (relating to public utilities).

(g) Approval.--If required by other law, a township shall

obtain the consent and permit of the Department of Environmental

Protection or other Federal, State or county entity, including

the Pennsylvania Turnpike Commission, for the laying out and

construction of a sanitary sewer and treatment works.

(h) Definition.--As used in this chapter, the term "sanitary

sewer" means a sewer used for receiving and collecting sewage

matter and liquid waste from the inside of buildings and

structures. In those townships where there are what is known as

"combined sewers," the term means a sewer used for receiving, in

addition to such sewage and liquid waste from the inside of

buildings and structures, storm, roof or surface drainage. The

term includes a combined sewer.

§ 6102. Required connection and fees.

(a) General rule.--A township may, by ordinance, require a

property owner to connect with and use a sanitary sewer system

established or constructed by the township, joint sanitary sewer

board or a municipal authority serving the township if the

property abuts on or adjoins any street or highway along which

the sewer system is located or whose principal building is

within 150 feet from the sanitary sewer.

(b) Failure to connect.--

(1) If an owner of property abutting on or adjoining or

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whose principal building is within 150 feet from the sanitary

sewer fails to connect with and use the sanitary sewer under

subsection (a) for a period of 60 days after notice to do so

has been served by the board of commissioners, either by

personal service or by registered mail, the board of

commissioners or their agents may enter the property and

construct the connection.

(2) The board of commissioners shall send an itemized

bill of the cost of construction under paragraph (1) to the

owner of the property to which connection has been made,

which shall be payable immediately.

(3) If the owner fails to pay the bill under paragraph

(2), the board of commissioners shall file a municipal lien

for the cost of the construction. The township may also by

ordinance impose penalties to enforce regulations or orders

in regards to sewer connections.

collection, treatment or disposal facility, owned or operated by

a township, a township may impose and charge the following to

property owners who desire or are required to connect to the

sanitary sewer system or who desire to increase their usages of

the system:

(1) A connection fee.

(2) A customer facilities fee.

(3) A tapping fee.

(4) Similar fees, as enumerated and defined by 53

Pa.C.S. § 5607(d)(24) (relating to purposes and powers).

§ 6103. Notice of contemplated construction.

No sanitary sewer system shall be constructed under this

chapter unless an ordinance of the board of commissioners

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authorizing the construction is published once in a newspaper of

general circulation under section 1107 (relating to legal

advertising).

§ 6104. Location of sanitary sewers on private property.

Where it is reasonably impracticable, in the judgment of the

board of commissioners, in any part of the sanitary sewer system

to carry sanitary sewers along the lines of public streets or

highways, the board of commissioners may locate and construct as

much of the sanitary sewers as is necessary through private

lands and may acquire the necessary land or right of way for

this purpose by gift, purchase or the exercise of the right of

eminent domain.

§ 6105. Treatment works and facilities.

The board of commissioners may acquire by eminent domain or

enter into contracts with other municipal corporations,

corporations or persons for the acquisition of lands or

facilities for the location, construction, maintenance, use and

operation of sanitary sewer systems and treatment facilities.

Acquisitions may be made for the purpose of future additions to

and enlargements of existing systems. The acquired land may be

located either inside or outside the boundaries of the township.

Any extension shall be in conformity with 26 Pa.C.S. § 206

(relating to extraterritorial takings) and any other applicable

requirement of 26 Pa.C.S. (relating to eminent domain).

§ 6106. Cost of construction and payment.

The cost of construction of a system of sanitary sewers or

drains, constructed by the authority of this subchapter, may be

charged upon the properties benefited, improved or accommodated

to the extent of the benefits, or may be paid for wholly or

partially by general taxation. Any amount not legally chargeable

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upon properties benefited, improved or accommodated shall be

paid out of the general township fund.

§ 6107. Sewer districts.

(a) General rule.--When a sanitary sewer system is

constructed by a township for the accommodation of a certain

portion of the township, the board of commissioners may

designate the territory accommodated into a sewer district or

divide the portion into several sewer districts.

(b) Apportionment.--The board of commissioners shall

estimate the proportion of the cost of the sanitary sewer system

to be charged on each of the districts and declare and establish

the apportionment by resolution and the following shall apply:

(1) No district shall be charged more than the

district's due proportion of the cost of a sanitary sewer

system, or any part of the system, used jointly by more than

one district.

(2) The aggregate amount charged on a property in any

district shall not exceed the amount of the estimate.

(3) Where the whole of the township is accommodated by

the sanitary sewer system, the township may be treated as a

single district or divided into districts, and be subject to

the provisions of this section.

§ 6108. Assessments.

Assessments, whether based according to benefits conferred or

by the front foot basis, and assessment awards, if any, shall be

calculated under Chapter 63 (relating to assessments for public

improvements).

SUBCHAPTER B

ACQUISITION OF SEWER SYSTEM FROM PRIVATE

INTERESTS AND DISTRIBUTION OF COSTS

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Sec.

6111. Power to acquire community sewage collection or disposal

systems.

§ 6111. Power to acquire community sewage collection or

disposal systems.

(a) General rule.--A township may, by ordinance, acquire

ownership of a community sewage collection or disposal system by

purchase, the exercise of eminent domain under 26 Pa.C.S.

(relating to eminent domain) or by gift from the owner or

owners.

(b) Eminent domain.--In eminent domain proceedings, the

viewers shall assess the costs and expenses of the community

sewage collection or disposal system acquired by the township

upon the property or properties benefited according to benefits.

A deficiency that is not assessed upon the benefited property or

properties shall be paid by the township.

disposal system has been acquired under this section by the

township, the board of commissioners shall have the power to

enlarge the system if the board deems the enlargement advisable.

The cost and expenses of the enlargement may be distributed or

assessed in the same manner as if the enlargement was a regular

sewer constructed by the township under other provisions of this

chapter.

(d) Special provisions.--If a community sewage collection or

disposal system is established or constructed within a township

by a private owner or owners and the board of commissioners is

empowered by ordinance to acquire the ownership of the sewage

disposal system, or when the system has been enlarged by the

township, the acquisition and ownership shall be subject to the

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following provisions:

(1) An agreement shall be considered a valid agreement

by the owners of the sewage collection or disposal system and

shall be a transfer of ownership to the township when any of

the following enter into an agreement with the township for

the acquisition of the system by the township:

(i) The person or persons having established or

constructed a community sewage collection or disposal

system.

(ii) More than one-half of the number of owners of

properties which are connected with, have a right to use

and are using a community sewage collection or disposal

system.

(2) The township shall operate and maintain any

community sewage collection or disposal system acquired any

or enlargement or any addition to a system for the use of the

following:

(i) Persons having acquired from the township or

from the former owner or owners the right to use the

system.

(ii) Other owners of property accessible to the

system up to the capacity of the community sewage

collection or disposal system.

(3) All persons whose property connects with the

community sewage collection or disposal system acquired or

constructed by the township shall pay to the township

treasurer, a monthly, quarterly, semiannual or annual charge

prescribed by a resolution of the board of commissioners. The

amount of the charges shall not be in excess of the estimated

amount necessary to maintain and operate the system and to

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establish a reserve fund sufficient for the system's future

replacement.

(4) All sewer rentals or charges imposed by the board of

commissioners against properties connected with a community

sewage collection or disposal system under this section shall

constitute liens against the properties and may be collected

in the same manner as other sewer charges.

(5) All money received from the sewer charges shall be

deposited as a special reserve fund and shall be used only

for the payment of the cost of operating and maintaining the

community sewage collection or disposal system and the

replacement, if necessary and economically desirable. If, at

any time after the acquisition or enlargement of the

community sewage system, a regular sewer system is made

available by the township for connection with the properties

using the community sewage collection or disposal system, the

owners of the properties shall be subject to the other

provisions of this chapter relating to sewers, and all money

at that time in the reserve fund which was received from

charges for the use of that particular community sewage

collection or disposal system and which is over and above the

amount expended for the operation and maintenance of that

particular sewage collection or disposal system shall be used

towards the payment of any sewer assessments charged against

the properties under other sections of this part.

(e) Construction.--Nothing in this section may be construed

to supersede the requirements of the act of January 24, 1966

(1965 P.L.1535, No.537), known as the Pennsylvania Sewage

Facilities Act.

(f) Definitions.--As used in this section, the following

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words and phrases shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Community sewage collection or disposal system." All or

part of a device or devices installed on any privately or

publicly owned parcel of land intended to treat or dispose of

the sewage or equivalent volume of domestic sewage from two or

more residences, buildings or occupied parcels of land, or any

system of piping used in collection and conveyance of sewage on

private or public property.

SUBCHAPTER C

CONTRACTS WITH INDIVIDUALS OR CORPORATIONS

FOR CONSTRUCTION AND MAINTENANCE OF SEWER AND

DRAINAGE SYSTEMS

Sec.

6121. Contracts for sewer and drainage systems.

§ 6121. Contracts for sewer and drainage systems.

(a) General rule.--In a case where, under the authority of

section 6101 (relating to power to establish and construct

sewers and drains and require connections and sewer rentals), a

system of sewage and drainage covering a township in whole or in

part shall be approved and authorized by ordinance, the board of

commissioners may enter into a contract with any responsible

individual or corporation for the construction of a system of

sewage or drainage at the expense of the individual or

corporation and the following shall apply:

(1) The individual or corporation shall be entitled

under the contract to exercise all the powers of the township

in the construction, maintenance and operation of the system

of sewage or drainage, with the right to collect fees

connected to the construction, maintenance and operation as

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the board of commissioners prescribes, in as full a manner as

the fees might have been collected by the township or the

commissioners.

(2) In the contract, the board of commissioners shall

reserve to the township the right at any time, after a

prescribed time, to take possession of the system of sewage

and drainage and the system's appurtenances, at a price and

upon terms to be fixed in the contract.

(b) Construction.--Nothing in this section shall be

construed to repeal or modify any of 66 Pa.C.S. (relating to

public utilities).

SUBCHAPTER D

SEWERS AND DRAINS IN STREETS OR HIGHWAYS

OR OVER PRIVATE PROPERTY AND ASSESSMENT OF COST

OF CONSTRUCTION ACCORDING TO BENEFITS

Sec.

6131. Cost of construction.

§ 6131. Cost of construction.

Townships may construct sanitary sewers and drains in any

street or highway, or through or on or over private property.

The costs, damages and expenses of the construction of sanitary

sewers or drains may be paid for wholly or partially by general

taxation, or may be assessed upon the properties accommodated or

benefited under Chapter 63 (relating to assessments for public

improvements).

SUBCHAPTER E

SEWERS UNDER STATE AND COUNTY HIGHWAYS

Sec.

6141. State and county highways and consent required.

§ 6141. State and county highways and consent required.

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(a) General rule.--A township may construct a sanitary sewer

and drain in or under any State or county highway within the

township boundaries.

(b) Consent.--

(1) For the construction of a sanitary sewer in or under

a county highway, the consent of the county commissioners of

the county shall be obtained.

(2) For the construction of a sanitary sewer in or under

a State highway, the consent of the Department of

Transportation shall be obtained.

SUBCHAPTER F

CONNECTING WITH ADJOINING SEWER

Sec.

6151. Connection by agreement or petition and appointment of

viewers.

§ 6151. Connection by agreement or petition and appointment of

viewers.

(a) General rule.--If a township desires to connect with the

existing sanitary sewer of an adjacent municipal corporation or

municipal authority for either sewage collection or treatment

purposes, the entities may enter into an agreement for this

purpose. If no agreement has been reached between the township

and the adjacent municipal corporation or municipal authority,

the township shall proceed as provided under subsection (b).

(b) Application.--An application shall be made by the board

of commissioners to the court of common pleas of the county

where the proposed connection is to be located, stating the

desire of the township to connect with the existing sanitary

sewer of the municipal corporation or municipal authority. If

the court determines that the connection can be made without

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impairing the usefulness of the existing sanitary sewer, the

court shall appoint three viewers who shall:

(1) View the premises and investigate the facts of the

case.

(2) Assess the proportionate part of the expense of

building the original sanitary sewer upon the petitioning

township.

(3) Fix the proportion of the expense for repairs which

the municipal corporation or municipal authority and the

township shall bear.

(4) Determine all other questions which are likely to

arise in connection with the sanitary sewer.

investigation under subsection (b) to the court, and the court

shall confirm the report within 30 days of the report's

submission unless exceptions are filed. Any interested party may

appeal the disposition of filed exceptions.

SUBCHAPTER G

JOINT SANITARY SEWERS AND DRAINS

Sec.

6161. Building joint sewers.

§ 6161. Building joint sewers.

(a) General rule.--Under 53 Pa.C.S. Ch. 23 Subch. A

(relating to intergovernmental cooperation), a township may

contract with another municipal corporation providing for the

joint construction or maintenance of sanitary sewer systems and

for joint construction onto existing sanitary sewer systems, and

the following shall apply:

(1) The agreement shall provide for the apportionment of

costs among the municipal corporations.

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(2) The board of commissioners may assess the township's

respective portion of the costs, as may be legally

assessable, upon property benefited by the facilities under

Chapter 63 (relating to assessments for public improvements).

(3) Any portion of the cost not assessed or assessable

shall be paid by the respective municipal corporations under

the agreement.

(4) In addition to or in lieu of contracting with other

municipal corporations, townships may contract with municipal

authorities for the purposes of this section.

(b) Board.--

(1) The municipal corporations joining or contemplating

joining in any improvement, in order to facilitate the

building of the sanitary sewer system and in securing

preliminary surveys and estimates, may by ordinance provide

for the appointment of a joint sanitary sewer board composed

of one representative from each of the municipal corporations

joining. The board shall act as the advisory and

administrative agency in the construction of the improvement

and its subsequent operation and maintenance.

(2) Members of the joint sanitary sewer board

established under paragraph (1) shall serve for terms of six

years each, from the date of the member's appointment until

the member's successor is appointed. The joint sanitary sewer

board shall organize by the election of a chairperson,

secretary and treasurer.

(3) The municipal corporations may, in the ordinances

creating the joint sanitary sewer board, authorize the board

to appoint an engineer, a solicitor and other assistants as

deemed necessary and agree to the share of the compensation

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of those persons each municipal corporation shall pay.

(4) The members of the joint sanitary sewer board shall

receive compensation for attending board meetings as

established in the budget that is prepared by the joint

sanitary sewer board and submitted to and adopted by the

municipal corporations. The members shall be entitled to

actual expenses to be paid by the respective municipal

corporations the members represent.

(1) A joint sanitary sewer board may adopt rules and

regulations consistent with the requirements of this chapter

to govern the board's proceedings and shall prepare and

suggest any practical measures and plans by means of which

the joint improvement may be carried to successful completion

and plan the future development of the system, so as to

conform to a general plan.

(2) The joint sanitary sewer board may prepare a joint

agreement or agreements for submission to and adoption by the

municipal corporations defining the advisory and

administrative powers of the joint sanitary sewer board and

specifying the following:

(i) consent of the municipal corporations to the

proposed improvement;

(ii) the manner in which preliminary and final

plans, specifications and estimates for the proposed

improvement shall be prepared and adopted;

(iii) how proposals for bids shall be advertised and

contracts awarded;

(iv) the manner in which the costs of the

improvement and other incidental and preliminary expenses

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in connection with the improvement and the future cost of

operation and maintenance shall be equitably shared,

apportioned and paid; and

(v) all other matters, including the preparation and

submission of annual and other budgets, as may be deemed

necessary or required by law to complete the proposed

improvement and to assure future maintenance and

operation of the proposed improvement.

(3) The joint sanitary sewer board may not make an

improvement or expend any public money which has not first

been authorized by all of the municipal corporations

proceeding with the improvement.

(d) Eminent domain.--

(1) When it is necessary to acquire, appropriate, injure

or destroy private property to build a joint sanitary sewer

system or improvement and the property cannot be acquired by

purchase or gift, the right of eminent domain shall vest in

the municipal corporation where the property is located.

(2) When it is necessary to acquire, injure or destroy

property in any territory not within the limits of any of the

municipal corporations joining in the improvement, the right

of eminent domain shall be vested in a municipal corporation

adjacent to the territory where the property is located

subject to 26 Pa.C.S. § 206 (relating to extraterritorial

takings).

(3) Damages for any property taken, injured or destroyed

shall be assessed as provided by the laws relating to the

municipal corporation exercising the right of eminent domain

and shall be paid by the municipal corporations joining in

the same proportion as other costs of the improvement.

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(e) Indebtedness.--Each township joining in an improvement

shall have power to incur or increase the township's

indebtedness, not exceeding constitutional limits, for the

purpose of paying the township's share or portion of the cost of

the improvement in the manner now provided by law for the

incurring of indebtedness.

CHAPTER 63

ASSESSMENTS FOR PUBLIC IMPROVEMENTS

Sec.

6301. Definitions.

6302. Authority to assess.

6303. Method of assessment.

6304. Petition for viewers by board of commissioners.

6305. Petition for viewers by taxpayers.

6306. Notice of assessment.

6307. Benefits and damages.

6308. Payment of assessments in installments.

6309. Collection of assessments.

§ 6301. Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Front foot." The term includes, but is not limited to,

front linear foot, lot, parcel, dwelling unit or square foot.

"Public improvement." The term includes, but is not limited

to, the following:

(1) The building, paving, grading, rebuilding, repaving

and regrading of streets, sidewalks, curbs and gutters.

(2) The creation, extension and renovation of water

treatment, transmission, distribution and disposal systems.

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(3) The creation, extension and renovation of sewage

collection, transmission, distribution, treatment and

disposal systems.

(4) The creation, extension and renovation of storm,

surface and subsurface drainage systems.

(5) The construction, reconstruction and repair of

wharves and docks.

(6) The installation, maintenance or operation of

lighting that services the streets, sidewalks and other

public places within the township.

(7) The planting, transplanting, removal and protection

of shade trees.

§ 6302. Authority to assess.

(a) Authority.--Unless otherwise provided for in this

chapter, a township is authorized to assess all or any portion

of the costs of a public improvement against any properties that

are benefited by the public improvement.

(b) Payment of costs.--Unless otherwise provided in this

chapter, in addition to the authority to assess the cost of

public improvements against properties benefited either on the

front foot method or benefit conferred method of assessment, a

township may pay for the cost of public improvements, in whole

or in part, from the township general fund or from a special

township fund dedicated to that purpose.

53 Pa.C.S. Pt. VII Subpt. B (relating to indebtedness and

borrowing) for the purposes of funding the cost and expense of

making public improvements for which assessments are made in

accordance with this chapter, payments made on the assessments

must be applied to pay the debt service for the indebtedness

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incurred for funding the cost and expense of making the public

improvements.

(d) Assessment outside of township.--Property benefited,

improved or accommodated that is located outside the limits of

the township that constructed the public improvement may, if

located no more than 150 feet from the public improvement, be

assessed for the cost of the public improvement in the same

manner as the property would be assessed under the laws of this

Commonwealth if the property were entirely located within the

limits of the township.

§ 6303. Method of assessment.

(a) Ordinance.--If the board of commissioners elects to

exercise the power to make assessments for a given public

improvement as authorized in section 6302 (relating to authority

to assess), the board of commissioners shall, by ordinance and

in conformity with this chapter, establish the method and

procedure by which assessments shall be made.

(b) Allocation of costs and expenses.--

(1) The board of commissioners may, by ordinance, make

the assessment by any means that results in fairly allocating

all or a portion of the costs and expenses of the public

improvement among all properties benefited by the improvement

in reasonable proportion to the benefits conferred upon each

property. The methods that may be used to make assessments in

accordance with this subsection may include, but are not

limited to:

(i) An equal assessment per front foot.

(ii) An assessment made by benefits conferred.

(2) Only one assessment method may be used in allocating

the costs for a particular public improvement unless a

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township is divided into districts for sanitary sewer or

water, in which case the assessment in each district may be

by different methods if the same assessment method is used

within a particular district.

(1) The cost to be collected shall be divided by the

total number of linear feet of street frontage of all

properties benefited.

(2) The assessment against each property shall be that

portion of the cost which is determined by multiplying the

dividend under paragraph (1) by the number of linear feet for

street frontage of that property.

(3) For corner or irregularly shaped lots or if special

conditions exist, the board of commissioners shall have the

power and its duty shall be to provide for an equitable

adjustment, as necessary, to prevent an unjust or excessive

assessment.

(4) If the front foot method is used but is comprised of

other than linear feet, such as lots, parcels, dwelling units

or square feet, the formula under paragraphs (1) and (2)

shall be adapted to comport with the unit of lots, parcels,

dwelling units or square feet as applicable.

(d) Assessment of benefits conferred method.--In lieu of the

front foot method, the board of commissioners may elect to have

the benefits of public improvements assessed, in whole or in

part, upon property benefited, improved or accommodated by

assessing an equal assessment on the properties benefited,

improved or accommodated in proportion to the total cost of

construction of the improvement. The amount of the charge on

each property shall be determined by the board of commissioners.

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(e) Certificate of assessment.--The board of commissioners

shall issue a certificate of assessment when either assessing on

the front foot method or on the basis of benefits conferred upon

property benefited, improved or accommodated, duly certified

under the seal of the township and attested by the president of

the board of commissioners and secretary. The certificate of

assessment shall state the method of assessment used. The

certificate of assessment shall be prima facie evidence in any

suit for recovery of the same of the correctness and validity of

the assessment.

§ 6304. Petition for viewers by board of commissioners.

The board of commissioners may petition the court of common

pleas for the appointment of viewers to assess the total cost of

an improvement in accordance with this chapter. The viewers

shall assess the total cost of the improvement, or as much of

the cost as is reasonable, upon the lands or properties

peculiarly benefited.

§ 6305. Petition for viewers by taxpayers.

(a) Petition.--Taxpayers of the township whose property is

being assessed for benefits for a public improvement may present

a petition to the court of common pleas stating that the

assessment insufficiently represents the benefits accruing to

abutting, benefited or accommodated properties. The petition may

include a request for the appointment of viewers to assess

benefits if at least 50% of the taxpayers whose parcels are

abutting, benefited or accommodated by the public improvement in

question join the petition or if taxpayers whose property

valuation as assessed for taxable purposes within the township

amounts to at least 50% of the total property valuation of the

properties being assessed for the public improvement join the

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petition. The petition must be presented within 90 days of the

issuance of the certificate of assessment.

(b) Viewers.--The court shall appoint three disinterested

viewers, none of whom shall be a resident of that portion of the

township that is benefited or accommodated by the public

improvement in question. The viewers shall proceed under this

chapter and 26 Pa.C.S. (relating to eminent domain) for the

assessment of damages and benefits by viewers. Upon the filing

of the petition by taxpayers for the appointment of viewers, any

assessment made by the board of commissioners and any

proceedings shall be stayed pending the disposition of the

petition by the court.

§ 6306. Notice of assessment.

(a) Personal notice.--After the amounts to be assessed

against the properties to be benefited by the public improvement

have been calculated in accordance with the method and

procedures as prescribed by ordinance, the township shall give

personal notice of the assessment to the owner of each property

that is being assessed. The notice shall also state that the

owner has 30 days from receipt of the notice to appeal the

assessment. If a certificate is required to be filed with the

board of commissioners relating to the public improvement as

otherwise provided in this part, a copy of the certificate shall

accompany the notice.

(b) Assessment effective.--An assessment made under this

chapter shall become effective 30 days after personal notice is

given by any of the following means:

(1) Personal service on the owner or the owner's agent.

(2) Certified mail, addressee only, return receipt

requested, to the owner at the owner's last known address.

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(3) Posting notice at or upon the property after

reasonable attempts to give personal notice under paragraphs

(1) and (2) have failed.

§ 6307. Benefits and damages.

In a proceeding in which damages to property are being sought

as a result of a public improvement for which an assessment of

benefits has been made, the excess of damages over benefits, the

excess of benefits over damages or nothing in case the benefits

and damages are equal, shall be awarded to or assessed against

the owner of land and property affected by the public

improvement. Damages shall be calculated in accordance with 26

Pa.C.S. (relating to eminent domain).

§ 6308. Payment of assessments in installments.

(a) Authorization.--An ordinance providing for a public

improvement, the expense of which is to be defrayed by an

assessment against properties benefited by the public

improvement, may authorize payment of the assessment in

installments. The ordinance shall:

(1) Set a time when the installment payments shall

commence.

(2) Specify the length of time over which the

installments may be extended. The period during which

installments may be paid shall not exceed the lesser of 10

years or the number of years equal to the period of maturity

of the bonds issued to fund the public improvement.

(3) Specify whether payments are to be made by equal

annual or more frequent installments.

(b) Interest rate.--The ordinance shall specify the rate of

interest for the installments, which shall not be more than 6%

per year unless a bond is issued for the improvement, in which

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case the maximum interest rate on the installment payments shall

be in accordance with section 9 of the act of May 16, 1923

(P.L.207, No.153), referred to as the Municipal Claim and Tax

Lien Law.

written installment agreement with each property owner that will

pay the assessment in installments, subject to the requirements

of the ordinance pertaining to the agreements and this chapter.

(d) Installments not paid.--If any of the installments

remain unpaid for 60 days after the installments have become due

and payable:

(1) The entire unpaid assessment, plus unpaid accrued

interest and any costs, shall be due and payable.

(2) The township may proceed to collect the installments

by filing a lien in the same manner as municipal claims are

filed under the Municipal Claim and Tax Lien Law or by

instituting a civil action.

(e) Advance payments.--A property owner upon whom an

assessment has been made may pay all or as many of the

installments before due, with interest and costs to the due date

of the next installment.

§ 6309. Collection of assessments.

(a) Authority.--The board of commissioners shall have the

power to authorize the township treasurer or other township

official to collect assessments.

(b) Procedure.--The following shall apply to the collection

of assessments:

(1) A township may collect an assessment that remains

unpaid for 60 days after personal notice was given under

section 6306 (relating to notice of assessment) unless an

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installment agreement has been entered into under section

6308 (relating to payment of assessments in installments).

(2) An assessment made under this chapter may be

collected in the same manner as municipal claims under the

act of May 16, 1923 (P.L.207, No.153), referred to as the

Municipal Claim and Tax Lien Law, or by instituting a civil

action against the owner of the benefited property.

(3) Interest on an unpaid assessment shall begin to

accrue from the time of completion of the improvement at a

rate not to exceed 6% per year unless a bond is issued for

the improvement, in which case the maximum interest rate

shall be as provided in section 9 of the Municipal Claim and

Tax Lien Law.

(4) If a property owner has two or more lots against

which there is an assessment for the same improvement, all of

the lots may be embraced in one claim.

(5) Assessments, whether paid one time or by

installments, shall be payable at the office of the township

treasurer or any other place designated by ordinance.

CHAPTER 65

WATER SUPPLY

Subchapter

A. Acquisition, Construction and Maintenance

B. Joint Water System

SUBCHAPTER A

ACQUISITION, CONSTRUCTION AND MAINTENANCE

Sec.

6501. Contracts for water supply and development of own water

supply.

6502. Public utility law saved.

20250SB1036PN1205 - 250 -

6503. Rates.

6504. Distribution system and State permit.

6505. Occupation of highways.

6506. Property damages.

6507. Water districts.

6508. Connection to water system.

6509. Cost of connection and payment.

6510. Default in payment of installment.

§ 6501. Contracts for water supply and development of own water

supply.

(a) Contracting allowed.--Townships may contract with an

adjoining municipal corporation owning a water system or with a

municipal authority or a private company for a supply of water

for public and private uses to be delivered into the lines of

the township at, near or within the boundaries of the township.

(b) Additional allowance.--This section does not prohibit a

contract between a township and a municipal corporation, or a

private company, for the supply of water in territory being

supplied by any other private company.

operate its own water system and shall have full power by

contract to develop an independent supply of water at any time,

and the township is not required to purchase a water supply

needed by the township from either an adjoining municipal

corporation or from a private company.

§ 6502. Public utility law saved.

Nothing contained in this chapter shall be construed to

repeal or to supersede any of the provisions of 66 Pa.C.S.

(relating to public utilities).

§ 6503. Rates.

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(a) Rates fixed.--For water supplied by the township, the

board of commissioners shall fix the rates charged to users of

water or to owners whose properties are connected to the water

system. The board of commissioners shall provide for the

collection of the water rates. The rates shall be in addition to

the cost of making any connections under section 6508 (relating

to connection to water system). For users outside the township,

the fixing of rates shall be subject to, and in accordance with,

applicable law and the rules and regulations of the Pennsylvania

Public Utility Commission.

(b) Rate establishment.--The initial imposition of the rate

imposed under subsection (a) shall be established by ordinance.

Subsequent rate adjustments may be by resolution if the

ordinance establishing the rate allows for future rate

adjustments by resolution adopted at a public meeting. This

subsection shall not be construed to invalidate or void any rate

imposed or adjusted prior to December 28, 2020.

§ 6504. Distribution system and State permit.

A township entering into a contract for the supply of water

may, by ordinance, provide, regulate and protect a system of

water distribution after filing a certified copy of the plans

and surveys for the system, with a description of the sources

from which it is proposed to derive the supply, with the

Department of Environmental Protection and, if required by law,

other Federal or State entities, and written permits for the

construction of the system are issued in accordance with

existing law.

§ 6505. Occupation of highways.

(a) Authority.--Except as provided in subsection (b), in

providing for, regulating, protecting and extending a township's

20250SB1036PN1205 - 252 -

system of distribution of water, a township may occupy streets,

roads or highways, and may take, injure or destroy private

property as provided in this chapter. A highway under the

jurisdiction of the Department of Transportation may not be

occupied until a permit has been obtained from the Department of

Transportation.

(b) Exceptions.--Property belonging to or used as a

cemetery, place of public worship, public or parochial school or

other educational or charitable institution or seminary shall

not be taken, injured or destroyed by virtue of this section.

§ 6506. Property damages.

If the compensation and damages arising from the taking,

injury or destruction of private property cannot be agreed upon,

the township shall proceed under 26 Pa.C.S. (relating to eminent

domain).

§ 6507. Water districts.

The board of commissioners may designate, define and create

one or more water districts within the township and the board of

commissioners shall determine the proportion of the cost of the

water system which shall be equitably charged on each district

and declare and establish the apportionment by resolution. A

water district may not be charged with more than the district's

due proportion of the cost of the main pipe lines, pumping

stations or other parts of the water system used jointly by more

than one district.

§ 6508. Connection to water system.

(a) Property owners.--The board of commissioners may, by

ordinance, require that a property owner connect with and use a

water system of the township or municipal authority or a joint

water system in either of the following cases:

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(1) Except as provided in subsection (b), if the nearest

property line is located within 150 feet of a water system or

any part or extension of the system.

(2) If the property has no supply of water which is safe

for human consumption.

(b) Exception.--With respect to water supplied for human

consumption, a property owner who, after December 28, 2020, is

subject to mandatory connection under subsection (a)(1), shall

not be required to connect to the water system if all of the

following apply:

(1) The water system or part or extension of the system

that is within 150 of the nearest property line was in

existence on December 28, 2020.

(2) The property has its own supply of water which is

safe for human consumption.

(3) Prior to December 28, 2020, the property owner was

not required to connect to the existing system.

of water for uses other than human consumption through installed

and operating wells existing prior to December 28, 2020, may

continue to use their preexisting wells for that purpose but are

required to use the water system of the township or municipal

authority to provide water for human consumption.

(d) Backflow prevention device.--A township may require an

owner of property to install and maintain a backflow prevention

device based on the degree of potential hazard of the connected

property in accordance with other applicable law.

(e) Penalties.--A township may assess penalties for the

violation of ordinances pertaining to water connections or

backflow prevention devices.

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(f) Fee imposition.--

(1) A township may, by ordinance, impose and charge

certain fees to property owners who desire or are required to

connect to the water system owned or operated by the

township, a municipal authority or a joint water board or who

desire to increase their usage of the water system.

(2) The fees imposed under paragraph (1) may be a

connection fee, a customer facilities fee, a tapping fee and

other similar fees as enumerated and calculated under 53

Pa.C.S. § 5607(d)(24) (relating to purposes and powers).

(3) The tapping fee may include a reimbursement part as

provided in 53 Pa.C.S. § 5607(d)(24)(i)(C)(IV) to be refunded

to the private individual or corporation that paid for the

construction of the water system or any part or extension of

the water system.

(g) Failure to connect.--

(1) If a property owner required under subsection (a) to

connect with and use the system fails to connect within 90

days after notice to connect has been served by the board of

commissioners, either by personal service or registered mail,

the board of commissioners or their agents may enter the

property and construct the connection.

(2) The board of commissioners shall send an itemized

bill of the cost of construction of the connection to the

owner of the property to which connection has been made,

which bill is payable immediately, or the board of

commissioners may authorize the payment of the cost of

construction of connections in equal monthly installments and

the installments shall bear interest at a rate not to exceed

6%.

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§ 6509. Cost of connection and payment.

The cost of construction of connections shall be payable

immediately at the office designated by the board of

commissioners, or if authorized by the board of commissioners,

in monthly installments, with interest from the date of

completion of the construction of the connection.

§ 6510. Default in payment of installment.

For defaults in the payment of any installment and interest

for a period of 60 days after the payment is due, the entire

cost of construction of the connection and accrued interest

shall become due and the township may collect the unpaid cost of

construction of the connection and accrued interest from the

owner by a municipal claim or in an action of assumpsit.

SUBCHAPTER B

JOINT WATER SYSTEM

Sec.

6511. Joint construction, acquisition or maintenance.

6512. Permits.

6513. Joint commission.

§ 6511. Joint construction, acquisition or maintenance.

A township may join with one or more municipal corporations

in the construction or acquisition and maintenance of a water

system.

§ 6512. Permits.

The construction of a water system may be commenced only

after plans for the water system have been filed with the

Department of Environmental Protection and, if required by law,

other Federal or State entities and permits issued in accordance

with law.

§ 6513. Joint commission.

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(a) Appointment.--The municipal corporations joining in the

construction or acquisition and maintenance of a water system

may, by ordinance, provide for the appointment of a joint

commission of a water system in order to facilitate the

construction, operation and maintenance of the water system and

to secure preliminary surveys and estimates.

(b) Agency.--The joint commission shall act generally as the

advisory and administrative agency in the construction of the

improvement and its subsequent operation and maintenance.

one representative, or alternatively an equal number of

representatives, from each of the joining municipal

corporations. The members of the joint commission shall serve

for terms of six years each from the dates of their respective

appointments and until their successors are appointed.

(d) Organization.--The joint commission shall organize by

the election of a chairperson, secretary and treasurer. The

secretary and treasurer may be the same individual.

(e) Appointments.--The municipal corporations may, in the

ordinances creating the joint commission, authorize the joint

commission to appoint an engineer, a solicitor and other

assistants as are deemed necessary, and agree to share the

compensation costs for members who attend meetings which shall

be fixed in the budget prepared by the joint commission and

submitted to and adopted by the joining municipal corporations.

In addition to the agreed upon compensation that a member

receives for each attendance at a meeting, members shall be

entitled to actual expenses to be paid by the respective

municipal corporations that the members represent.

CHAPTER 67

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MANUFACTURE AND SALE OF ELECTRICITY

Sec.

6701. Manufacture and sale of electricity.

6702. Regulation of use and prices.

6703. Sale of hydroelectric generating facilities.

6704. Construction or purchase of hydroelectric generating

facilities.

6705. Submission to electors.

6706. Limitation on indebtedness.

§ 6701. Manufacture and sale of electricity.

A township may manufacture electricity by means of a

hydroelectric generating facility owned or operated by the

township for the use of the inhabitants of the township. A

township owning or operating a hydroelectric generating facility

may make contracts for the sale of electricity to persons

engaged in the business of the manufacture or sale of

electricity.

§ 6702. Regulation of use and prices.

A township furnishing electricity under this chapter may

regulate the use of electricity in dwellings, business places

and other places in the township and the rate to be charged for

the electricity.

§ 6703. Sale of hydroelectric generating facilities.

A township may sell, by ordinance, all or part of its

hydroelectric generating facilities to a purchaser for the sale

price as the parties may agree upon.

§ 6704. Construction or purchase of hydroelectric generating

facilities.

A township may construct or purchase facilities to

manufacture electricity by hydroelectric generation. A township

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may purchase a hydroelectric generating facility at the price

agreed upon by the township and the person, partnership or a

majority of the stockholders of a corporation that owns the

facilities.

§ 6705. Submission to electors.

Before a township constructs or purchases a hydroelectric

generating facility, the question of the increase of the debt of

the township shall first be submitted to the qualified voters of

the township in the manner provided by law for the increase of

indebtedness of municipal corporations.

§ 6706. Limitation on indebtedness.

A township which constructs or purchases a hydroelectric

generating facility may not incur any indebtedness for the

construction or enlargement of a new or existing dam or

impoundment structure but may incur indebtedness for repairs or

reconstruction of an existing dam or impoundment in connection

with the hydroelectric project.

CHAPTER 69

PUBLIC BUILDINGS

Sec.

6901. Township buildings.

6902. Garages and warehouses.

6903. Appropriation of property.

6904. Ordinance of commissioners.

6905. Assessment of damages.

6906. Use of public lands acquired for other purposes.

§ 6901. Township buildings.

The board of commissioners may procure by purchase, gift,

exchange or the exercise of eminent domain a lot of ground

located within the township and erect or use buildings for

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township purposes.

§ 6902. Garages and warehouses.

The board of commissioners may purchase or lease land inside

or outside the limits of the township and erect garages,

warehouses or other buildings as may be necessary for handling

and storing equipment, materials and supplies.

§ 6903. Appropriation of property.

(a) Use.--Except as provided under subsection (b), townships

may enter upon and appropriate private property and land

previously granted or dedicated to public or other use within

the limits of the township, and which is no longer used for the

purpose for which the appropriation was granted or dedicated,

for the erection on the property of a municipal building, fire

house, lockup and other public buildings for public purposes.

(b) Exception.--Land or property used for a cemetery,

burying ground, public or parochial school, educational or

charitable institution, seminary or place of public worship may

not be taken or appropriated.

§ 6904. Ordinance of commissioners.

When the board of commissioners desires to acquire, enter

upon, take, use and appropriate private property or lands for

public buildings, the board shall declare the board's intention

by ordinance.

§ 6905. Assessment of damages.

The provisions of 26 Pa.C.S. (relating to eminent domain)

prevail relating to the compensation and damages arising from

taking, using and appropriating private or public property for

township purposes.

§ 6906. Use of public lands acquired for other purposes.

When the board of commissioners desires to take any public

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lands previously granted or dedicated for a use or purpose for

which the lands are no longer used, the board of commissioners

shall pass an ordinance declaring the board's intention, and

shall petition the court of common pleas for leave to file the

bond of the township to secure any person who may be entitled to

compensation for the taking. The court shall direct notice to be

given by publication in at least one newspaper of general

circulation as required under section 1107 (relating to legal

advertising). If no exceptions are filed to the bond on or

before the day fixed in the notice, the court shall approve the

leave. The court may increase the amount of the bond, shall hear

and determine all exceptions that are filed against the petition

and the sufficiency of the bond and may grant or deny the

request of the petition. Upon the granting of the petition and

the approval of the bond, the board of commissioners may enter

upon and take the lands to erect public buildings. The bond,

which shall be in the name of the Commonwealth for the use of

any person that is entitled to damages by reason of the taking

of the lands, shall remain on file for their use and benefit.

CHAPTER 71

LICENSES AND LICENSE FEES

Subchapter

A. Transient Retail Merchants

B. Restrictions

SUBCHAPTER A

TRANSIENT RETAIL MERCHANTS

Sec.

7101. Licensing transient retail businesses.

§ 7101. Licensing transient retail business.

(a) Regulation.--A township may, by ordinance, regulate and

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license transient retail merchants engaged in any transient

retail business within the township. The ordinance may prohibit

the commencement or transaction of any transient retail business

until or unless the license required by the ordinance has been

obtained from the township by the individual, firm or

corporation desiring to commence the transient retail business.

The ordinance may be enforced by a penalty, not to exceed $300,

for a violation of the provisions of the ordinance and may

provide for other means of enforcement.

(b) Fees.--The board of commissioners may establish license

fees for businesses regulated under this section. The license

fees shall bear a reasonable relationship to the cost of

administering the ordinance and regulating, inspecting and

supervising each business.

be construed to apply to any of the following:

(1) farmers selling their own produce;

(2) a person selling personal property, donated by the

owners, if the proceeds of the sale are to be applied to a

charitable or philanthropic purpose; or

(3) a manufacturer or producer in the sale of bread and

bakery products, meat and meat products or milk and milk

products.

SUBCHAPTER B

RESTRICTIONS

Sec.

7111. Persons taking orders by samples.

7112. Insurance business.

7113. License fees on residents not to exceed those on

nonresidents.

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§ 7111. Persons taking orders by samples.

(a) Prohibition.--A township may not impose, levy or collect

a license fee or mercantile tax upon a person that takes, by

sample, from a dealer or merchant an order for merchandise on

behalf of an individual or company that pays a license fee or

mercantile tax at the individual's or company's chief place of

business.

(b) Retail sales not authorized.--Nothing in this section

authorizes a person to sell by retail to a person other than a

dealer or merchant without payment of a license or permit fee.

§ 7112 . Insurance business.

A township may not impose or collect a license fee upon an

insurance company, insurance agent or insurance broker

authorized to transact business under the act of May 17, 1921

(P.L.682, No.284), known as The Insurance Company Law of 1921 .

§ 7113. License fees on residents not to exceed those on

nonresidents.

A township may not pass an ordinance imposing a license fee

upon a manufacturer, including an agent, representative and

employee, that is a resident of this Commonwealth for soliciting

orders for or selling personal property manufactured within this

Commonwealth if the township could not legally impose the same

license fee upon a manufacturer, including an agent,

representative and employee, that is a nonresident of the

Commonwealth for soliciting orders for or selling personal

property manufactured outside this Commonwealth.

CHAPTER 73

PARKS, RECREATION CENTERS, SHADE TREES

AND FORESTS

Subchapter

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A. Public Parks, Playgrounds and Recreation Centers

B. Shade Tree Commission

C. Forests

D. Penalties and Assessments

SUBCHAPTER A

PUBLIC PARKS, PLAYGROUNDS AND RECREATION CENTERS

Sec.

7301. Acquisition of land and buildings.

7302. Creation of recreation board.

7303. Composition of park or recreation boards.

7304. Organization and operation of park or recreation boards.

7305. Expenses.

7306. Joint ownership and maintenance.

7307. Issue of bonds.

§ 7301 . Acquisition of land and buildings.

(a) Authorization.--For the purpose of making, enlarging and

maintaining public parks, recreation areas and facilities, a

township may, subject to subsection (b):

(1) separately or jointly with another political

subdivision, by ordinance dedicate and set apart land not

dedicated to another public use or purpose; and

(2) enter upon, appropriate and acquire by gift, devise,

purchase, lease or otherwise, private property.

(b) Facilities.--A township may construct and equip a new

facility upon land under subsection (a).

taxes, or special taxes under section 4908(a)(9) (relating to

tax levies), as necessary to pay for action under this section.

(d) Appropriations.--A township may make appropriations for

the construction, improvement, maintenance, care, regulation and

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government of land and facilities under this section.

(e) Prohibition.--A township, acting individually or jointly

with another political subdivision, may not acquire private

property within the limits of another municipal corporation

without the consent of the governing body of the municipal

corporation where the property is located.

§ 7302. Creation of recreation board.

A board of commissioners has the following powers related to

recreation:

(1) Equip, operate, maintain and regulate public parks,

recreation areas and facilities.

(2) Conduct recreation programs.

(3) Appoint officers and hire employees.

(4) By ordinance, vest authority under paragraphs (1),

(2) and (3) in:

(i) an appropriate local agency; or

(ii) a park or r ecreation board established by

ordinance stating powers and duties .

§ 7303. Composition of park or recreation boards.

(a) Members.--If a board of commissioners establishes a park

or recreation board under section 7302(4)(ii) (relating to

creation of recreation board), the board of commissioners shall

appoint five or seven individuals. Each individual must be a

resident of, or own property in, the township where the park or

recreation board operates.

(b) Terms.--

(1) Initial appointments shall be for staggered terms so

that the terms of no more than two members expire annually.

(2) Subsequent appointments shall be for terms of five

years or until successors are appointed.

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(3) A member of a park or recreation board may only be

removed by the board of commissioners for malfeasance in

office or nonfeasance in office.

(4) A vacancy on a park or recreation board shall be

filled by the board of commissioners for the unexpired term.

shall serve without compensation.

§ 7304 . Organization and operation of park or recreation

boards.

(a) Officers.--The members of a park board or recreation

board shall elect, for a one-year term, a chairperson, a

secretary and other necessary officers.

(b) Employees.--If specified in the vesting ordinance under

section 7302(4)(ii) (relating to creation of recreation board),

the park or recreation board may employ necessary individuals.

(1) Except as specified in paragraph (2), a park or

recreation board may adopt rules for the conduct of its

business.

(2) Paragraph (1) does not apply if the vesting

ordinance under section 7302(4)(ii) prohibits rulemaking.

(d) Annual report.--A park or recreation board shall submit

an annual report to the board of commissioners. The report shall

include an analysis of the community recreation areas,

facilities and leadership, with particular reference to extent,

adequacy and effectiveness, in view of the public expenditure

involved and the public needs to be met.

§ 7305. Expenses.

(a) Payment.--

(1) Expenses incurred in the maintenance and operation

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of parks, recreation areas and facilities under this chapter

shall be payable from the treasury of the township or from

the treasury of the applicable political subdivisions

pursuant to an intergovernmental cooperation agreement.

(2) The board of commissioners may annually appropriate

money to pay expenses under paragraph (1).

(b) Taxation.--The board of commissioners may raise money

for payment under subsection (a) by general or special taxation.

§ 7306. Joint ownership and maintenance.

(a) Authority.--A township may join or establish, with other

municipalities, a joint recreation board under 53 Pa.C.S. Ch. 23

Subch. A (relating to intergovernmental cooperation). The joint

recreation board may acquire property for and operate and

maintain parks, public recreation areas and facilities. A school

district may join with the township in equipping, operating and

maintaining parks, public recreation areas and facilities and

may appropriate money for those actions.

(b) Costs and expenses.--Costs and expenses of the joint

recreation board, including those relative to property jointly

acquired, shall be paid for by the respective municipalities as

specified in the intergovernmental cooperation agreement.

§ 7307 . Issue of bonds.

A township may incur indebtedness and may issue general

obligation bonds for the purpose of acquiring land, buildings

and equipment for parks and recreation areas under 53 Pa.C.S.

Pt. VII Subpt. B (relating to indebtedness and borrowing).

SUBCHAPTER B

SHADE TREE COMMISSION

Sec.

7311. Right of establishment.

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7312. Appointment, terms and vacancies.

7313. Powers may be vested in park commission.

7314. General powers of shade tree commission.

7315. Hiring of employees and regulations.

7316. Report of shade tree commission.

7317. Notice of work.

7318. Payment by owners and assessment.

7319. Removal of diseased or dangerous trees.

7320. Maintenance by township and funds.

7321. Penalties.

§ 7311 . Right of establishment.

(a) Ordinance.--A township may, by ordinance, establish a

shade tree commission.

(b) No ordinance.--If there is no ordinance under subsection

(a), the board of commissioners shall have the powers and duties

of a shade tree commission under this chapter.

§ 7312. Appointment, terms and vacancies.

(a) Scope.--This section applies to a shade tree commission

established under section 7311(a) (relating to right of

establishment).

(b) Composition.--The board of commissioners shall appoint

three or five shade tree commissioners. Each shade tree

commissioner must be a resident of the township.

(1) If three shade tree commissioners are appointed:

(i) one initial term shall be for three years;

(ii) one initial term shall be for four years; and

(iii) one initial term shall be for five years.

(2) If five shade tree commissioners are appointed:

(i) one initial term shall be for one year;

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(ii) one initial term shall be for two years;

(iii) one initial term shall be for three years;

(iv) one initial term shall be for four years; and

(v) one initial term shall be for five years.

(3) A term for a subsequent appointment shall be for

five years.

(4) A vacancy shall be filled by the board of

commissioners for the unexpired term.

(d) Compensation.--Shade tree commissioners shall serve

without compensation.

§ 7313. Powers may be vested in park commission.

If a township has a commission for the care of public parks,

the board of commissioners may, by ordinance, confer on that

commission the powers and duties of the shade tree commission.

§ 7314 . General powers of shade tree commission.

Except as provided in section 5524 (relating to trees and

shrubbery within right-of-way), the shade tree commission:

(1) has exclusive custody and control of the shade trees

in the township; and

(2) may plant, remove, maintain and protect shade trees

on the public streets and highways in the township.

§ 7315. Hiring of employees and regulations.

(a) Employees.--The shade tree commission may, with the

approval of the board of commissioners, select, employ and

discharge and pay individuals to perform the functions of the

shade tree commission.

(b) Regulations.--

(1) Subject to paragraph (2), the commission may

promulgate and enforce regulations for the care and

protection of the shade trees of the township.

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(2) A regulation is not in force until the regulation

is:

(i) approved by the board of commissioners; and

(ii) published at least once in a newspaper of

general circulation under section 1107 (relating to legal

advertising).

§ 7316. Report of shade tree commission.

(a) Requirement.--The shade tree commission shall annually

report to the board of commissioners the shade tree commission's

transactions and expenses for the preceding fiscal year of the

township.

(b) Incorporation.--The park commission may incorporate the

transactions and expenses in the park commission's regular

report to the board of commissioners.

§ 7317 . Notice of work.

(a) Requirement.--If a shade tree commission proposes to

plant, transplant or remove shade trees on a street or highway,

notice of the time and place of the meeting at which the work is

to be considered must be given once in one newspaper of general

circulation immediately preceding the time of the meeting.

(b) Contents.--The notice shall specify in detail the street

or highway where trees are proposed to be planted, transplanted

or removed.

§ 7318. Payment by owners and assessment.

(a) Payment--The owner of the real estate abutting the

location of the planting, transplanting or removal of a shade

tree shall pay the cost of:

(1) the work;

(2) necessary and suitable guards, curbing or grading

for protection of the shade trees; and

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(3) replacing pavement or sidewalk necessarily disturbed

in the execution of the work.

(b) Assessment.--

(1) Subject to paragraph (2), if the township undertakes

work under subsection (a), costs shall be assessed in

accordance with Chapter 63 (relating to assessments for

public improvements).

(2) If the benefit conferred method of assessment is

used, the benefit conferred may not exceed actual cost.

§ 7319. Removal of diseased or dangerous trees.

(a) Owners.--The shade tree commission may, by regulation

and upon notice required by an ordinance, order a property owner

to cut and remove trees afflicted with a disease which threatens

to injure or destroy shade trees in the township.

(b) Commission.--If an owner does not comply with an order

under subsection (a), the township may perform work and assess

and collect the cost against the property owner under section

7318 (relating to payment by owners and assessment).

§ 7320 . Maintenance by township and funds.

(a) Responsibility.--The township shall pay:

(1) the cost and expense of caring for shade trees after

planting; and

(2) the expense of publishing the notice under section

7317 (relating to notice of work) and 7318 (relating to

payment by owners and assessment).

(b) Certification.--The shade tree commission shall annually

certify costs and expenses under subsection (a) to the board of

commissioners.

under the general tax levying powers of this part, the board of

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commissioners may provide for the expenses under subsection (a)

by an appropriation equal to the amount certified under

subsection (b).

§ 7321 . Penalties.

(a) Authority.--As provided by ordinance, a shade tree

commission may assess penalties for the violation of the shade

tree commission's regulations and this chapter relating to shade

trees.

(b) Effect.--A penalty under subsection (a):

(1) is a lien upon the real estate of the offender; and

(2) may be collected as a municipal claim.

SUBCHAPTER C

FORESTS

Sec.

7331. Right of acquisition of forest lands.

7332. Ordinance and notice.

7333. Appropriation for acquisition.

7334. Regulations.

7335. Appropriation for maintenance and revenue.

7336. Use of township forests.

7337. Ordinance of sale.

7338. Appropriation of money to forestry organizations.

§ 7331 . Right of acquisition of forest lands.

A township has the following powers:

(1) To acquire, by purchase, gift or lease, a tract of

land covered with forest or tree growth or suitable for the

growth of trees for the benefit of the township. A tract

under this paragraph may be located within or outside the

township.

(2) To administer a tract under paragraph (1) in

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accordance with the practices and principles of scientific

forestry.

§ 7332 . Ordinance and notice.

If the board of commissioners deems it expedient to acquire

land for forests, it shall pass an ordinance describing the

facts and conditions relating to the proposed action.

§ 7333. Appropriation for acquisition.

Money necessary for the purchase of a tract shall be

appropriated in the same manner as appropriations for township

purposes. Money may be provided from the current revenue or by

the proceeds of a sale of general obligation bonds.

§ 7334. Regulations.

Upon acquisition of a forest or land suitable for a forest,

the board of commissioners may promulgate regulations governing

the proper administration of the acquired forestry as necessary

to produce continuing township revenue by the sale of forest

products. The regulations may provide for the administration,

maintenance, protection and development of the forests or lands

suitable for forests as necessary or expedient.

§ 7335. Appropriation for maintenance and revenue.

Money necessary for the administration, maintenance,

protection and development of forests shall be appropriated and

applied for township purposes. The revenue and the return on the

revenue arising from the forests shall be paid into the township

treasury to be used for general township purposes.

§ 7336. Use of township forests.

A township forest may be used by the public as general outing

or recreation grounds subject to the regulations under section

7334 (relating to regulations).

§ 7337. Ordinance of sale.

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(a) Determination.--If the board of commissioners deems it

expedient to sell or lease a township forest, a part of a

township forest or a product from a township forest, the board

of commissioners shall pass an ordinance specifying the facts

and conditions relating to the proposed action.

(b) Requirements.--To pass an ordinance under subsection

(a), the board of commissioners must comply with the advertising

and bidding requirements of section 4302 (relating to real

property).

§ 7338 . Appropriation of money to forestry organizations.

The board of commissioners may appropriate money from the

township treasury:

(1) to a forest protection association cooperating in

forest work with the Department of Conservation and Natural

Resources; or

(2) to be expended in direct cooperation with the

department in forest work.

SUBCHAPTER D

PENALTIES AND ASSESSMENTS

Sec.

7341. Management.

§ 7341. Management.

(a) Payment.--A penalty or assessment under this chapter

shall be paid to the township treasurer.

(b) Use.--The township treasurer shall keep penalties and

assessments in a separate fund and utilized only for the

purposes authorized by this chapter.

CHAPTER 75

UNIFORM CONSTRUCTION CODE, PROPERTY MAINTENANCE CODE

AND RESERVED POWERS

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Sec.

7501. Definitions.

7502. Primacy of Uniform Construction Code.

7503. Changes in Uniform Construction Code.

7504. Public nuisance.

7505. Property maintenance code.

7506. Reserved powers.

§ 7501. Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

" Pennsylvania Construction Code Act." The act of November

10, 1999 (P.L.491, No.45), known as the Pennsylvania

Construction Code Act .

"Uniform Construction Code." The Uniform Construction Code

adopted under section 301 of the Pennsylvania Construction Code

Act.

§ 7502 . Primacy of Uniform Construction Code.

(a) Applicability.--The Pennsylvania Construction Code Act

and the Uniform Construction Code shall apply to the

construction, alteration, repair and occupancy of the buildings

and structures within a township.

(b) Primacy.--This section and an ordinance passed or a rule

or regulation adopted under this section shall not supersede or

abrogate the Pennsylvania Construction Code Act or the Uniform

Construction Code and shall be construed and read in pari

materia with both.

§ 7503 . Changes in Uniform Construction Code.

The board of commissioners may pass an ordinance to equal or

exceed the minimum requirements of the Uniform Construction Code

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in accordance with and subject to the requirements of section

503 of the Pennsylvania Construction Code Act. An ordinance

exceeding the provisions of the Uniform Construction Code must

meet the standards provided in section 503(j)(2) of the

Pennsylvania Construction Code Act.

§ 7504 . Public nuisance.

(a) Abatement.--Except as provided under subsection (b), any

building, housing or property or a part of any building, housing

or property erected, altered, extended, reconstructed, removed

or maintained, contrary to the provisions of an ordinance passed

for the purposes specified under this chapter, may be declared,

by a court of law, a public nuisance and may be abatable.

(b) Exception.--A violation of the Uniform Construction Code

or of an ordinance that equals or exceeds the Uniform

Construction Code shall be subject to the provisions of the

Pennsylvania Construction Code Act and the regulations

promulgated under the Pennsylvania Construction Code Act by the

Department of Labor and Industry relating to enforcement for

noncompliance.

§ 7505 . Property maintenance code.

(a) Property maintenance code.--

(1) Notwithstanding the primacy of the Uniform

Construction Code, the board of commissioners may pass a

property maintenance code ordinance in either of the

following manners:

(i) Pass, as the property maintenance code

ordinance, a standard or nationally recognized property

maintenance code, with alterations.

(ii) Incorporate by reference, into the property

maintenance code ordinance, a standard or nationally

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recognized property maintenance code, or an alteration of

the code, published and printed in book form. An

incorporated code need not be recorded in or attached to

the ordinance book but shall be deemed legally recorded

if the incorporating property maintenance code ordinance

is recorded, with an accompanying notation stating where

the full text of the incorporated code is filed.

(2) The property maintenance ordinance may provide for

reasonable property fines and penalties for violations.

(3) Notice of consideration of the property maintenance

code ordinance must be published to summarize its contents

and to identify locations within the township where copies

may be examined and obtained. Notice under this paragraph

must be published once in one newspaper of general

circulation at least one week and not more than three weeks

prior to the presentation of the proposed property

maintenance code ordinance to the board of commissioners.

(4) At least three copies of the property maintenance

code ordinance shall be made available for public inspection

and use during business hours and available to an interested

party at cost or without charge.

(5) The procedure under this subsection applies to an

amendment or repeal of the property maintenance code

ordinance.

(b) Property maintenance inspectors.--

(1) The board of commissioners may appoint property

maintenance inspectors.

(2) A property maintenance inspector may enter upon and

inspect property, subject to constitutional standards, at

reasonable hours and in a reasonable manner for the

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administration and enforcement of the property maintenance

code ordinance under subsection (a)(1). A fee payable to a

property maintenance inspector under the property maintenance

code ordinance shall be promptly remitted to the township

treasurer for the use of the township.

the property maintenance code ordinance, the township may

institute an action in law or equity to enjoin or prevent a

violation of the property maintenance code ordinance.

(d) Construction.--The powers of a township under this

section are in addition to the powers under:

(1) the act of November 26, 2008 (P.L.1672, No.135),

known as the Abandoned and Blighted Property Conservatorship

Act;

(2) 53 Pa.C.S. Ch. 61 (relating to neighborhood blight

reclamation and revitalization); and

(3) 68 Pa.C.S. Ch. 21 (relating to land banks).

§ 7506 . Reserved powers.

(a) Scope.--This section applies if the Uniform Construction

Code, or a replacement code, is no longer applicable in

townships as a result of:

(1) legislative action; or

(2) a final judicial order:

(i) for which the time for appeal has expired, and

no appeal has been taken; or

(ii) from which there is no pending appeal.

(b) Powers.--If subsection (a) applies, the board of

commissioners has the following powers:

(1) Pass and enforce an ordinance to regulate land and

improvements as follows:

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(i) The ordinance may be related to any of the

following:

(A) Construction and reconstruction.

(B) Alteration.

(D) Conversion.

(E) Occupation and use.

(F) Sanitation, ventilation, heating, egress,

lighting, electrical wiring, water supply, toilet

facilities, drainage and plumbing.

(G) Fire prevention and fireproofing. This

subparagraph includes prescribing limitations under

which only buildings of noncombustible material and

fireproofed roofs are used in construction, erection

or substantial reconstruction.

(H) Inspection.

(ii) The ordinance may be combined with the property

maintenance code ordinance.

(iii) Section 7505 (relating to p roperty maintenance

code ) applies.

(iv) The ordinance may provide for reasonable fines

and penalties for violation.

(2) Require approval of plans and specifications before

work of construction, reconstruction, alteration, extension,

repair or conversion of a building begins.

(3) Do all of the following related to building

inspectors, housing inspectors, property maintenance

inspectors, fire prevention inspectors, electrical inspectors

and plumbing inspectors:

(i) Appoint them.

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(ii) Fix their compensation.

(iii) Grant the right to enter upon and inspect a

premises, subject to constitutional standards, at

reasonable hours and in a reasonable manner, for the

administration and enforcement of the ordinance under

paragraph (1). A fee payable to an inspector as provided

in the ordinance under paragraph (1) shall be promptly

remitted to the township treasurer for the use of the

township.

(4) In addition to the penalties provided by the

ordinance under paragraph (1), institute an action in equity

to:

(i) enjoin unlawful construction, reconstruction,

alteration, extension, repair, conversion, maintenance,

use or occupation of property located within the

township;

(ii) correct the unlawful action; and

(iii) prevent the use or occupancy of the building,

housing or structure.

CHAPTER 77

ORDINANCES

Subchapter

A. General Provisions

B. Enforcement

SUBCHAPTER A

GENERAL PROVISIONS

Sec.

7701. Ordinances and resolutions.

7702. Publication.

7703. Recording and proof.

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7704. Codification of ordinances.

7705. Appeals on ordinances and resolutions.

7706. Standard or nationally recognized codes.

§ 7701. Ordinances and resolutions.

(a) Authority.--

(1) The board of commissioners shall pass ordinances in

accordance with this chapter and the laws of this

Commonwealth in which the powers of the township shall be

exercised:

(i) as deemed beneficial to the township; and

(ii) to provide for the enforcement of the powers of

the township.

(2) The board of commissioners may amend or repeal

existing ordinances by the passage of subsequent ordinances.

(b) Ordinances.--Every legislative act of the board of

commissioners must be by ordinance. A legislative act includes:

(1) Legislation doing any of the following:

(i) Exercising the police power of the township.

(ii) Regulating land use, development and

subdivision.

(iii) Imposing building, plumbing, electrical,

property maintenance, housing and similar standards.

(iv) Regulating the conduct of a person within the

township and imposing a penalty for violation of the

regulated conduct.

(2) Imposing an assessment on benefited property for

public improvements under Chapter 63 (relating to assessments

for public improvements).

(3) Increasing the rate of taxation from the previous

fiscal year.

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resolutions in accordance with this chapter and the laws of this

Commonwealth. Resolutions may be passed for any purpose,

including:

(1) Ceremonial or congratulatory expressions of the good

will of the board of commissioners.

(2) Statements of public policy of the board of

commissioners.

(3) Approval of formal agreements of the township. This

paragraph does not include agreements arising under an

established purchasing system of the township.

(4) Approval, if required, of administrative regulations

and bylaws arising under State statutes or township

ordinances.

(5) Levying a tax at the same or a lower rate than the

previous fiscal year.

§ 7702. Publication.

(a) Requirements.--Except as provided under this chapter or

other statutory provision, the board of commissioners must

publish a proposed ordinance once in one newspaper of general

circulation at least seven days and not more than 60 days prior

to passage. Publication of a proposed ordinance must include all

of the following:

(1) The full text or the subject matter and a brief

summary prepared by the township solicitor stating all the

provisions in reasonable detail.

(2) A reference to the township office or other place

where copies of the proposed ordinance may be examined.

(b) Summary.--If the full text is not included in the

publication of the proposed ordinance, the following apply:

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(1) The newspaper in which the proposed ordinance is

published shall, upon request, be furnished a copy of the

full text without charge.

(2) The following apply:

(i) In addition to copies of the full text of the

proposed ordinance retained under subsection (a), an

attested copy of the full text shall be filed within 30

days after passage in the county law library or other

county office designated by the county commissioners.

(ii) Except as provided in subparagraph (iii)(D),

the county commissioners may impose a fee not greater

than the actual costs of storing the proposed ordinance.

(iii) Filing with the county may be completed by the

submission of an electronic copy of the ordinance as

follows:

(A) The county has discretion on whether to

permit receipt by the office storing municipal

ordinances.

(B) U pon request by the township, the county

shall notify the township of the method by which

electronic copies may be submitted.

electronically if the public is able to access the

electronically stored township ordinances during

regular business hours at the office or at a remote

location.

(D) The county may not charge a fee for

electronic storage.

(E) The township shall retain a printed copy of

the email and ordinance as transmitted.

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(3) The date of the filing with the county under

paragraph (2) shall not affect the effective date of the

ordinance and shall not be deemed a defect in the process of

the passage of the ordinance.

made in the proposed ordinance, before voting upon passage, the

board of commissioners must, within at least 10 days before

passage, readvertise in one newspaper of general circulation the

subject matter and a brief summary stating the provisions in

reasonable detail and a summary of the amendments. A copy of the

full text of the amended proposed ordinance shall be retained

where township records are kept.

(d) Maps.--If a map, plan or drawing is passed as part of an

ordinance, instead of publishing the map, plan or drawing as

part of the proposed ordinance, the board of commissioners may

refer in publishing the proposed ordinance to the place where

the map, plan or drawing is on file and may be examined.

§ 7703. Recording and proof.

(a) Recording.--A township ordinance and a township

resolution pertaining to tax levies shall, within 30 days after

enactment, be recorded by the township secretary in an ordinance

book. Failure to record within the time provided shall not be

deemed a defect in the process of enactment of the ordinance or

resolution pertaining to a tax levy. The ordinance book shall be

open to the inspection of citizens during normal business hours.

(b) Proof.--An ordinance may be proved by the certificate of

the township secretary under the corporate seal. If an ordinance

is printed or published in book or pamphlet form by the

authority of the township, the ordinance shall be accepted as

evidence without further proof. The entry of the township

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ordinance in the ordinance book shall be sufficient without the

signature of the president of the board of commissioners or

other person.

portion of an ordinance which was attached to the ordinance book

before July 31, 1963, shall be considered in force as if the

ordinance or portion of ordinances had been recorded directly in

the ordinance book if all other requirements of this chapter

applicable to the enactment, approval, advertising and recording

were complied with within the time limits prescribed under this

chapter.

§ 7704. Codification of ordinances.

(a) Authority.--The board of commissioners may prepare a

codification or revision of the general body of township

ordinances or of the ordinances on a particular subject.

(1) The codification or revision may be enacted as an

ordinance of the township. The required advertised notice of

the proposed enactment of the consolidation, codification or

revision must specify its general nature and shall include a

listing of the table of contents.

(2) As necessary to effectuate a codification or

revision, an ordinance may be enacted to repeal or amend a

complete group or body of ordinances. The advertisement

giving notice of the proposed enactment must, in lieu of a

table of contents, list only the title of each ordinance in

the complete group or body of ordinances.

(b) Enactment.--For a codification or revision under

subsection (a):

(1) the ordinance must be introduced by the board of

commissioners at least 30 days before enactment; and

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(2) notice of the introduction of the ordinance must be

given by advertisement in a newspaper of general circulation

at least 15 days before enactment.

subsection (a) has been enacted as an ordinance, it shall not be

necessary to advertise the entire text, but is sufficient to

publish a notice stating that the codification or revision which

had previously been given was enacted.

§ 7705. Appeals from ordinances and resolutions.

(a) Legality.--A complaint as to the legality of an

ordinance or a resolution must be made to a court of common

pleas under 42 Pa.C.S. § 5571.1 (relating to appeals from

ordinances, resolutions, maps, etc.).

(b) Legality and propriety.--For an ordinance laying out

streets over private lands, the court has jurisdiction to review

the propriety and legality of the ordinance.

§ 7706. Standard or nationally recognized codes.

(a) Incorporation by reference.--

(1) Except as provided in paragraph (2) or the

Pennsylvania Construction Code Act, the board of

commissioners may incorporate by reference a standard or

nationally recognized code or a portion of the standard or

code in an ordinance.

(2) A portion of a code which limits the work to be

performed to any type of construction contractor or labor or

mechanic classification may not be incorporated by reference.

(3) Three copies of the incorporated material must be

filed with the township secretary at least 10 days before the

board of commissioners considers the proposed ordinance.

(4) Upon enactment, a copy of the incorporated material

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shall be kept with the ordinance book and available for

public use, inspection, examination and copying.

(b) Time frame.--

(1) Except as provided in the Pennsylvania Construction

Code Act and regulations adopted under that act, an ordinance

under subsection (a) shall be enacted within 60 days after

the ordinance is filed with the secretary of the township and

shall encompass the provisions of the code and be effective

as of the code date stated in the ordinance.

(2) A township that has adopted any standard or

nationally recognized code by reference may adopt subsequent

ordinances which incorporate by reference any subsequent

changes thereof, properly identified as to date and source,

as may be adopted by the agency or association which

promulgated the code.

(3) An ordinance which incorporates standard or

nationally recognized code amendments by reference shall

become effective after the same procedure and in the same

manner as is specified in this section for original adoption

of the code.

incorporates by reference standard technical regulations or code

is subject to applicable provisions of the Pennsylvania

Construction Code Act .

SUBCHAPTER B

ENFORCEMENT

Sec.

7711. Fines and penalties.

7712. Commitment pending trial.

7713. Township's liability for costs of prisoners to county.

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§ 7711. Fines and penalties.

(a) Authority.--A township ordinance shall prescribe fines

and penalties for violations as follows:

(1) A civil penalty may not exceed $600 per violation.

(2) A criminal fine may not exceed $1,000 per violation.

A criminal penalty may prescribe imprisonment to the extent

allowed by law for the punishment of a summary offense.

(3) The ordinance may provide that a separate violation

under paragraph (1) or (2) arises out of:

(i) each day of violation; and

(ii) each applicable section of the ordinance.

(4) The ordinance may provide for assessment of court

costs and reasonable attorney fees incurred by the township

in the enforcement proceedings.

(5) The board of commissioners may delegate the initial

determination of ordinance violation and the service of

notice of violation to a qualified officer or agent.

(b) Enforcement at law.--Unless otherwise provided by

statute, a township ordinance shall specify the method of its

enforcement as follows:

(1) Except as provided in paragraph (2), if a civil

penalty is not paid, the township must initiate a civil

action for collection under the Pennsylvania Rules of Civil

Procedure. A township is exempt from the payment of costs in

an action under this paragraph.

(2) For an ordinance regulating building, housing,

property maintenance, health, fire, public safety, parking,

solicitation, curfew, water or air or noise pollution,

enforcement must be by a criminal action under Pa.R.Crim.P.

Ch. 4 (relating to procedures in summary cases). The

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municipal solicitor may assume charge of the prosecution

without the consent of the district attorney as required

under Pa.R.Crim.P. No. 454(C) (relating to trial in summary

cases). Enforcement under this paragraph does not preclude

enforcement under section 7505(c) (relating to property

maintenance code).

(3) Except for an ordinance subject to paragraph (2), an

ordinance enacted prior to October 29, 2020, shall be deemed

automatically amended so that it is enforceable under

paragraph (1).

(4) If a civil claim under paragraph (1), exclusive of

interest, costs and fees, exceeds the monetary jurisdiction

of a magisterial district judge under 42 Pa.C.S. § 1515(a)(3)

(relating to jurisdiction and venue), the township may:

(i) bring the action in a court of common pleas; or

(ii) make a waiver under 42 Pa.C.S. § 1515(a)(3).

enforcement under subsection (b), a township may enforce an

ordinance in equity in a court of common pleas of the judicial

district where the township is situate.

(d) Payment.--Money collected under subsection (b) shall be

paid to the township treasurer.

§ 7712. Commitment pending trial.

An individual arrested for the violation of a township

ordinance may, pending hearing or trial, be committed to the

township lockup, or if there is no suitable township lockup, a

county correctional facility.

§ 7713. Township's liability for costs of prisoners to county.

If section 7712 (relating to commitment pending trial)

applies, the expenses of maintaining the prisoner during

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confinement shall be paid by the township, and the county shall

not be liable for the maintenance.

CHAPTER 79

ACTIONS BY AND AGAINST TOWNSHIPS

Sec.

7901. Collection of municipal claims.

§ 7901. Collection of municipal claims.

(a) Assumpsit.--

(1) If a township has a municipal claim for making an

improvement, providing water or sewer service or removing a

nuisance, the township may collect the claim by an action in

assumpsit against the person that owned the property at the

time of the completion of the improvement or at the time the

applicable water or sewer rate or the cost of the removal of

the nuisance first became payable. The remedy under this

paragraph is in addition to the remedies provided by law for

the filing of liens for the collection of municipal claims,

including water rates, sewer rates and the removal of

nuisances.

(2) This subsection applies notwithstanding the fact

that there was a failure on the part of the township or its

agent to enter the municipal claim as a lien.

(b) Limitation of action.--An action in assumpsit must be

commenced either within six years after:

(1) completion of the improvement;

(2) the applicable water or sewer rate becomes payable;

(3) the cost of removal of the nuisance becomes payable.

CHAPTER 81

REPEALS

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Sec.

8101. Revival and repeal.

§ 8101. Revival and repeal.

(a) Revival.--Nothing in this chapter shall be construed to

revive a repealed statutory provision.

(b) Repeals.--(Reserved).

PART III

(Reserved)

Section 2. Repeals are as follows:

(1) The General Assembly declares that the repeal under

paragraph (2) is necessary to effectuate the addition of 73

Pa.C.S. Pts. I and II.

(2) The act of June 24, 1931 (P.L.1206, No.331), known

as The First Class Township Code, is repealed.

Section 3. The addition of 73 Pa.C.S. Pts. I and II is a

continuation of the act of June 24, 1931 (P.L.1206, No.331),

known as The First Class Township Code. The following apply:

(1) Except as otherwise provided in 73 Pa.C.S. Pt. I or

II, all activities initiated under The First Class Township

Code shall continue and remain in full force and effect and

may be completed under 73 Pa.C.S. Pt. I or II. Orders,

regulations, rules and decisions which were made under The

First Class Township Code and which are in effect on the

effective date of section 2(2) of this act shall remain in

full force and effect until revoked, vacated or modified

under 73 Pa.C.S. Pt. I or II. Contracts, obligations and

collective bargaining agreements entered into under The First

Class Township Code are not affected nor impaired by the

repeal of The First Class Township Code.

(2) Except as set forth in paragraph (3), any difference

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in language between 73 Pa.C.S. Pts. I and II and The First

Class Township Code is intended only to conform to the style

of the Pennsylvania Consolidated Statutes and is not intended

to change or affect the legislative intent, judicial

construction or administration and implementation of The

First Class Township Code.

(3) Paragraph (2) does not apply to the addition of the

following provisions:

73 Pa.C.S. § 1711(a.2).

73 Pa.C.S. § 2103(a.2).

73 Pa.C.S. § 2904(a) and (d).

73 Pa.C.S. § 2923(a).

73 Pa.C.S. § 5904(a).

Section 4. This act shall take effect in 60 days.

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